After being arrested on a federal criminal complaint, how long do they have to indict me? Or is there no time limit?
Joshua's answer
|
Answered on June 17, 2018
The Government must file an indictment within 30 days from the date of your arrest, unless no grand jury is empaneled during that time, which will...
Archived
Can a friend still receive representation for a federal habeas corpus partition after a traverse has been filed?
Joshua's answer
|
Answered on June 17, 2018
A habeas petitioner has no constitutional right to an attorney; that right, in federal courts, applies only to trials and direct appeals. However,...
Archived
By federal law if a conspiracy charged is dropped can the relevant conduct of the conspiracy still be used against the defendant
Joshua's answer
|
Answered on June 17, 2018
Relevant conduct includes uncharged, dismissed, and even acquitted conduct. – Joshua Sabert Lowther, Esq., Atlanta, GA.
Archived
When in inmate is sentenced to 7 months and goes to the penal farm does he get good days or does he have to do the whole 7 month
Joshua's answer
|
Answered on June 17, 2018
The Federal Bureau of Prisons has no discretion to award early release based on "good conduct time" to inmates serving sentences of 12 months or...
Archived
My son is in federal prison sentence to 18 month but he serve 9 month in detention center will he get credit for that time.
?
Joshua's answer
|
Answered on June 17, 2018
A federal inmate will receive credit for all time spent in pretrial detention that has no been credited toward any other sentence. – Joshua Sabert...
Archived
Non bis in idem in US?
Joshua's answer
|
Answered on June 17, 2018
You likely can leverage the prosecution outside of the US to resolve the prosecution in the US favorably. If you cannot retain an attorney in the...
Archived
When you are on federal probation for a gun charge and catch a new gun case is the new case automatically federal?
Joshua's answer
|
Answered on June 13, 2018
It’s not automatic, but it’s likely. – Joshua Sabert Lowther, Esq., Atlanta, GA.
Archived
If a defendant has a motion pending in US District Ct (Hab) and is released from prison does pet get dismissed?
Joshua's answer
|
Answered on June 12, 2018
No; many former inmates continue to litigate habeas corpus actions attacking their convictions (rather than just their sentences) after their...
How can I understand a friend's federal charges and what sentencing he may face?
Joshua's answer
|
Answered on June 12, 2018
The charges involve drugs, the possession of a firearm by a prohibited person, and the possession of a firearm during and in relation to a drug...
Archived
How do I request recommendations for an attorney in Arizona that has extensive experience with 2255 Motions?
Joshua's answer
|
Answered on June 12, 2018
Federal habeas corpus actions (pursuant to 28 U.S.C. § 2255) are best handled by federal criminal defense attorneys who are experienced in...
