Archived
How many federal cases must the government build in order for a defendant to get credit for substantial assistance?
Stephen's answer
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Answered on July 15, 2014
In the MDNC, I have seen promises to testify against a co-defendant yield substantial assistance motions, but if you help at all, you should get...
Archived
Does a federal USFS simple marijuana possession petty crime from a year ago affect sealing or vacating record from 8 years ago?
Stephen's answer
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Answered on July 14, 2014
You better keep calling that attorney before this gets out of your mitigation control.
Archived
Does the court take additional points other than responsibility points in federal court for first time non violent or drug offen
Stephen's answer
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Answered on July 14, 2014
Nope, unless a departure or variance applies to the total sentence.
Archived
I have a federal court hearing for Assets and Injunction forbidding transfer or sale of assets. I have only been given a week.
Stephen's answer
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Answered on July 14, 2014
Dealing with the FLU arm of the prosecutor's office is never pleasant. Remember to tell the truth and never speculate about an answer. Ask for...
Archived
I have a friend whose signed a 10 to life plea deal on drug conspiracy and trafficking charges, he has no prior drug convictions
Stephen's answer
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Answered on July 14, 2014
The judge will evaluate his presentence report, criminal history, any departures or variances under 18 USC 3553A and both counsels' arguments...
Archived
May be facing federal charges due to clerical error in protection order.
Stephen's answer
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Answered on July 14, 2014
You do face potential Federal criminal exposure here. It is most likely the prosecutor is evaluating this case for the 922 violation. This is...
Archived
In a indictment on drug conspiracy does the cooperating source hav to be named on the indictment w/ defendant they conspired w/?
Stephen's answer
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Answered on July 14, 2014
It is not necessary to allege the identity of a cooperating witness in an indictment. I would get this info at discovery and try to crunch the...
Archived
A corporation filed a lawsuit against me I missed the timeframe to transfer it to Federal Court, the case is based on copyright
Stephen's answer
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Answered on July 12, 2014
If you missed the opportunity to remove, I am not sure what you are now asking for - another opportunity to remove?
Archived
Got indicted in fed. drug conspiracy case. when can I tell them my roll, I am gonna plea out.
Stephen's answer
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Answered on July 11, 2014
What does your lawyer indicate the proffer session would yield - we do not know.
Can the government add points on a psi after the plea agreement has been signed? Meaning can they change my plea after I agreed?
Stephen's answer
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Answered on July 11, 2014
Yes as the PSI is an extensive objective view of the defendant's criminal history. This does not change the substantive plea to a certain charge...
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