What is the point of a grand jury? And must every case go through the grand jury before an arrest is made?
EJ's answer
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Answered on March 30, 2015
In federal courts, the grand jury indictment is required for felony prosecutions by the Fifth Amendment to the Constitution. Not every State...
Archived
What does it mean when the prosecutor appeals an indictment?
EJ's answer
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Answered on March 26, 2015
Might the prosecutor be "amending" the indictment? The prosecutor controls the indictment, so there is neither a reason nor a method for appeal. ...
Archived
What does it mean when the prosecutor appeals an indictment?
EJ's answer
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Answered on March 26, 2015
Might the prosecutor be "amending" the indictment? The prosecutor controls the indictment, so there is neither a reason nor a method for appeal. ...
Archived
If a person is identified as a career offender in a federal criminal drug case But the person's prior and curren convictions
EJ's answer
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Answered on March 25, 2015
I'm afraid the time to attack the Guidelines "career criminal" finding was AT sentencing. Now that there is a "current" sentence -- which I take...
Archived
Closing statements and letters.... when being sentenced...
EJ's answer
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Answered on March 24, 2015
The other attorneys are correct, your attorney of record is the one who will ultimately be able to help you. There are some rules of thumb when...
When does supervised release actually begin? Is it when I left prison, or when I went home from the halfway house?
EJ's answer
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Answered on March 16, 2015
Supervised Release begins when the Bureau of Prisons releases you from its custody. At that moment, the supervisory power of the Executive Branch...
Archived
Figuring out the Federal Sentencing
EJ's answer
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Answered on March 04, 2015
Based on what you describe, you need to hire an an attorney who knows the Guidelines last week. The facts you give suggest the possibility of...
Federal court how much time has to pass before prior convictions can be used against you in federal court
EJ's answer
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Answered on February 25, 2015
There are fairness arguments if the convictions are too old. But just six-years-old is a baby prior in federal court. They are also fairly...
Archived
Federal court can the Usa increase a sentence if I refuse to snitch even if there's no co-defendent
EJ's answer
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Answered on February 25, 2015
97 percent of federal cases end in guilty pleas today. A bulk of those involve some kind of cooperation. Without cooperation, there is only one...
Archived
Journalist locates Brady Violations?
EJ's answer
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Answered on February 19, 2015
If this is federal (and maybe State, too), then the guilty plea might make any earlier Brady violation irrelevant. Once someone stands up and says...
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