Archived
What is the statue of limitiatiions on a felony drug case if I have been charged but never arrested for the crimes committed ?
EJ's answer
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Answered on March 01, 2018
Statutes of limitation address how long prosecutors have to charge offenses. Once a federal defendant is charged, the case remains active until...
Can you be charged with a 924cpossession of a firearm in furtherance of a drug trafficking crime without being charged For drugs
EJ's answer
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Answered on March 01, 2018
Yes. The U.S. can charge just the firearm in furtherance without pursuing underlying offenses as well.
Does Federal mandatory minimum sesentence 18 USC 924 (c) reduces gun enhancements to 10 years for first time armrobbery in state
EJ's answer
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Answered on March 01, 2018
Federal and State prosecutions are wholly separate, as if Mexico and Canada were separately prosecuting offenses. Some judges might consider how...
What can you do if you have asked a court appointed attorney to file a motion for discovery at least three times and he has not?
EJ's answer
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Answered on March 01, 2018
Tactical decisions about which motions to file when are typically the lawyer's call. Clients control the ultimate objectives of the representation...
Archived
How can a defendant get sentenced below the madatory minimum? whats the mandatory minimum sentence for 3 kilograms of heroine?
EJ's answer
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Answered on March 01, 2018
Sentences below mandatory minimums require either "safety valve" qualification under 18 U.S. Code Section 3553(f), or a motion by the government...
Will the doj take all of my federal tax refund for restitution?
EJ's answer
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Answered on March 01, 2018
They might. There are processes DOJ must follow, but nothing stops them from seeking garnishment of tax refunds to satisfy judgment debts.
Who is responsible for losing inmates clothes?
EJ's answer
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Answered on March 01, 2018
If your daughter was solely in federal custody (no State charges), then she was technically in U.S. Marshals custody. That makes the USMS...
Archived
Can a state sentence N.Y. get run a current sentence with a federal sentence if the state sentence first?
EJ's answer
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Answered on March 01, 2018
Yes, federal sentences can run concurrently with previously entered State sentences. But cross-jurisdiction prison time calculations is a REALLY...
Archived
Can a statement from a Co defendant saying that guns was bought with drugs be sufficient enough to convict on a 924c charge ?
EJ's answer
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Answered on March 01, 2018
Generally speaking, yes, testimony can carry a trial conviction and no underlying offense is needed to support a 924(c) count. But your husband's...
Archived
On a 924c federal can a person be convicted solely on a testimony of a co defendant ?
EJ's answer
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Answered on March 01, 2018
You ask very fact-intensive questions that no one could answer without being privy to your husband's most privileged information. Testimony can...
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