Did the law get passed for federal inmates with non-violent charges to serve 65% of their time instead of 85%?
EJ's answer
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Answered on May 21, 2021
No, this "65% law" rumor has been around, and been false, since before I started practicing. The Fair Sentencing Act in fact finally guaranteed an...
Would an AUSA drop a federal case if a defendant doesn't sign a plea deal?
EJ's answer
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Answered on May 19, 2021
Less than four percent of federal cases go to trial. Over 93 percent are disposed by guilty plea, because the federals generally do not indict...
II am currently on federal probation am I able to get a medical marijuana card?
EJ's answer
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Answered on April 19, 2021
You might get the card, but use it and the federals will revoke your release. Marijuana is still a Schedule I illegal substance to the Federals,...
Do judges in Federal court typically consider post offense rehabilitation when sentencing?
EJ's answer
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Answered on April 14, 2021
Absolutely. There is a whole body of federal case law and a specific Sentencing Guideline about post-offense rehabilitation, and a Supreme Court...
Can I self surrender to the Marshals before I get designated?
EJ's answer
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Answered on March 16, 2021
I concur with Mr. Richman, and further note that surrendering to the Marshals might mean serving your time in various county jails, as you are...
Can a federal felon (convicted of bank fraud) own a gun in Nevada?
EJ's answer
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Answered on March 15, 2021
Not under federal law. Without a presidential pardon, your "felon" status prohibits possession of firearms and ammunition under 18 US Code,...
2 US Marshals came to make sure my registered guns were secure. My son filed a 3582 motion. Is this a sign he will be released?
EJ's answer
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Answered on March 15, 2021
This is good news, because as you suspect, the Marshals don't waste time checking on lawful activity. No guarantees, ever, but keep those fingers...
Can my husband take my half of our tax return to pay for his bills, but not mine?
EJ's answer
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Answered on February 20, 2021
I cannot answer about Utah law, but in any jurisdiction I've appeared, a DV defendant threatening negative action against a witness is a separate...
When a person is convicted of federal criminal charges, does their state criminal history have an effect on their sentencing?
EJ's answer
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Answered on February 18, 2021
Yes, State criminal history figures heavily into the federal sentencing. I wish you all some good news.
If people in the United States are 14th Amendment citizens, then why can't States issue passports and currency?
EJ's answer
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Answered on February 15, 2021
I've changed the topic to "Government," and refer you to Article I of the Constitution:, particularly Section 8: ...
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