Archived
How long can my husband be held in jailwithout being sentence for a federal case???
Stephen's answer
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Answered on May 05, 2014
After a guilty plea hearing or trial, the Judge then orders a presentence interview and report within 75 days. Then 10-15 days later, there is a...
Archived
FEDERAL RULE OF CIVIL PROCEDURES RULE 65
Stephen's answer
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Answered on May 05, 2014
Sure. What is the Federal crime here?
Archived
Under federal sentencing guidelines and federal drug conspiracy law, if a person joined a 10 month conspiracy to distribute
Stephen's answer
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Answered on May 05, 2014
The conspiracy charge will bring the total amount into play here. You need to mitigate the factual basis by limiting your role in the offense or...
Archived
Need an attorney to file a motion for me on federal early termination probation supervised release.
It is a 5 years probation,
Stephen's answer
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Answered on May 05, 2014
You will have to hire an attorney as the right to counsel under the 6th Amendment does not attach to this post conviction relief.
Archived
Can I argue on appeal ineffective atty for failing to even challenge the fed. sentencing guidelines, or must I remand and raise?
Stephen's answer
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Answered on May 05, 2014
Yes you can file a 2255 petition, or raise an IAC claim at the district level.
Archived
Will a plea without sentencing show up (felony) during a live scan?
Stephen's answer
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Answered on May 04, 2014
Probably and you certainly will have to tell them about this if you go to prison.
Archived
My husband was charged with felon in pocession of a firearm but the charges were dropped can the feds pick this up?
Stephen's answer
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Answered on May 04, 2014
More than likely, the state is betting the Feds will pick him up under 18 USC 922(g).
Archived
What specific kind of attorney should a disabled vet seek to file a federal injunction against a state family court ......
Stephen's answer
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Answered on May 04, 2014
You want a Federal Civil attorney. You can start your search on the "find a lawyer" AVVO tab.
Archived
My husband is being charged twice for a drug crime conspiracy to manufacture an distribute an then manufacture an distribute in
Stephen's answer
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Answered on May 03, 2014
He can get prosecuted for both state and Federal offenses for the same criminal transaction. This does happen frequently. But, under the US Petit...
I am a Level 32 on the federal sentencing guidelines, with I (0 or 1) criminal points. There is mandatory minimum.
Stephen's answer
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Answered on May 03, 2014
If there is a MM here, you will spend that time incarcerated. The judge has no other sentencing option here for that MM time. Please discuss this...
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