Archived
Can you be charged with conspiracy on a single count indictment if the co-conspirator is a cooperating witness?
EJ's answer
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Answered on December 24, 2019
Yes. I once did a sentencing in a case that fell apart (for prosecutorial misconduct) after my client had pleaded guilty. That was the only...
Writing a letter to a judge for early release from federal prison for child’s father
EJ's answer
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Answered on December 21, 2019
The judge has no power to change the sentence except in limited circumstances, like the government move to reward an inmate for cooperation, or a...
Archived
Can US Supreme Court Cases be used as precedent in state court cases?
EJ's answer
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Answered on December 21, 2019
U.S. Supreme Court cases are the law of the land. If state law conflicts with a Supreme Court holding, state law falls.
How do I find a lawyer to stop a prisoner transfer?
EJ's answer
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Answered on December 20, 2019
There is no way to definitely stop the Federal bureau of prisons from transferring inmates. They get VAST discretion, and even to the extent there...
Archived
Is this normal for criminal lawyers?
EJ's answer
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Answered on December 15, 2019
There is no such thing as a 100% guarantee of anything. The only completely honest answer in the law is "it depends." If a lawyer has promised...
Archived
How much of a 3year federal sentence has to b served he has done 20 months so far
EJ's answer
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Answered on December 13, 2019
Federal inmates serving sentences of over one year get up to 15 percent off their sentence for Good Conduct Time (GCT). On a 36-month (3 year)...
Archived
Presidential pardon?
EJ's answer
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Answered on December 13, 2019
Ordinarily, it is five years after the sentence is completed. That said, it can take five years to get a decision. The good news is these...
Archived
How is relevant Conduct used??
EJ's answer
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Answered on December 12, 2019
It is possible to use uncharged conduct, or even things of which a jury found the defendant NOT guilty, as "relevant conduct" under US Sentencing...
Archived
If a person was in state custody because of a charge then turned over to federal custody can it be run concurrently?
EJ's answer
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Answered on December 11, 2019
I'm afraid this is perfectly okay. The Supreme Court just a few months ago re-approved this "separate sovereign" doctrine, that States and the US...
Archived
Question about state probation and federal sentencing ?
EJ's answer
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Answered on December 09, 2019
I cannot answer about your specific case, but in other cases I've observed from the federal side, the State time gets revoked to be served. If...
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