Archived
What happens when the state and federal both have a hold on you but your in county jail awaiting court or sentencing or trial?
EJ's answer
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Answered on July 29, 2016
Oy, you have hit the jackpot of complex questions. There are a ton of tricks and traps involving especially credit for time-served, but allowable...
Archived
Can a defendant file for post conviction relief? Change of sentence/transfer to drug treatment?
EJ's answer
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Answered on July 29, 2016
This must be a state case, because the U.S. Code doesn't assign degrees to assault and I'm not sure what kind of restraining order an FRO is. ...
Archived
How much
EJ's answer
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Answered on July 29, 2016
I'm not sure what you mean by "flatten" the five years. If this is Federal Bureau of Prisons, inmate serves about 87 percent of sentence (up to 15...
Archived
How likely is it to be able to get a pre-sentence report amended after sentencing?
EJ's answer
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Answered on July 29, 2016
As noted, it is all but impossible to change a PSR. The better play is to ask the BOP to waive whatever scoring factor based on those convictions...
Archived
Is there a new Federal law that allows a judge to count the time spent on an ankle bravely while in bond against his sentence?
EJ's answer
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Answered on July 29, 2016
There is a VAST body of law from all the Circuits that forbids custody credit for pre-trial release time, even on ankle monitors, unless there is...
Archived
Can undercover cop who found you with stolen property Frisk you without reading rights then if finds drugs read you your rights
EJ's answer
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Answered on July 28, 2016
That suppression argument depends on a lot more facts than you have (or should put) here. I certainly wonder if you have grounds to ask that...
Archived
How do i find a competent attorney- for a felony drug charge in the state of Wisconsin?
EJ's answer
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Answered on July 28, 2016
If you are in need of immediate counsel and don't have resources to hire a lawyer, do call the local public defender. To retain counsel, the...
Archived
Will a case be allowed to be transferred back to the state alleged crime happen to be tried there?
EJ's answer
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Answered on July 27, 2016
That question is for your brother's Florida lawyer, whether there is a challenge to jurisdiction and venue. There are a LOT of facts that go into...
Archived
Detainer ?
EJ's answer
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Answered on July 24, 2016
Ask your correctional staff about the forms you need to file under the Interstate Agreement on Detainers, or IAD. That is paperwork that you can...
Archived
Sentence calculations and wi doc is contradicting the actual sentence imposed. it is being enforced how can I stop it
EJ's answer
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Answered on July 24, 2016
It sounds like the issue is with the Wisconsin Department of Corrections. If it is all about the State actors instead of the Federal BOP, then...
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