Archived
Is there a way to appeal a conspiracy to distribute sentence after you take a plea deal using an enhancement used unfairly?
Joshua's answer
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Answered on August 11, 2018
You have a right to a direct appeal from sentencing, unless you waived that right in a plea agreement. Regardless, a direct appeal or collateral...
Archived
ATF took my guns 2 days ago for my wife being a felon. What now. No charges so far.
Joshua's answer
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Answered on August 11, 2018
If the Government can demonstrate probable cause to believe that your wife had the ability and intent to excercise “dominion and control” over the...
Archived
What can be done?
Joshua's answer
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Answered on August 11, 2018
Ask the clerk of court to re-submit the information to the National Crime Information Center, and that entity, which is run by the FBI, will...
Archived
How long do the feds have to indict
after they arrest. You?
Joshua's answer
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Answered on August 09, 2018
The Government must indict a defendant within 30 days from arrest, unless no grand jury is empaneled during that period (resulting in a 30-day...
How long does a judge have to respond to a motion filed for a bond in federal court house?
Joshua's answer
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Answered on August 08, 2018
Although federal law and rules of procedure don't address, specifically, the time in which a court must rule on a motion for bond after the initial...
Archived
Mistake in identity for a federal drug crime in Colorado ?
Joshua's answer
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Answered on August 08, 2018
That fact may not prevent your being indicted, because the grand jury decides whether the return an indictment based on the prosecutor's...
Archived
Federal drug indictments?
Joshua's answer
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Answered on August 08, 2018
The fact that the case initially was being prosecuted in state court has no effect on the fact that the federal government has elected to prosecute...
Will I get deported or sent to jail for 18USC 1425(b)? If I am still on probation if they deport me does it go to that country?
Joshua's answer
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Answered on August 07, 2018
There's no mandatory minimum penalty for for a violation of 18 U.S.C. § 1425(b); therefore, whether the court sentences you to a term of...
IIf the FBI finds a child pornography case first before the local police department
Joshua's answer
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Answered on August 04, 2018
Federal and state governments have jurisdiction, that is, the legal authority, to prosecute child pornography offenses. If the FBI led the...
How much time does a federal inmate have to do off a 15 year sentence and is there anyway he can get a sentence reduced
Joshua's answer
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Answered on August 03, 2018
A federal prisoner who's been sentenced to serve a term of imprisonment of 15 years actually will serve approximately 11.5 years with "exemplary"...