Archived
Can the government in a conspiracy case charge a person with relevant conduct if the organization never has an evidentiary heari
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Answered on May 26, 2014
Relevant conduct is not criminal conduct charged by the government in an indictment; it is uncharged or acquitted conduct relevant to that charged...
Archived
How can a state to legalize marijuana if it's still a controlled substance one
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Answered on May 26, 2014
The federal and state governments are separate sovereigns and have the authority, within certain limitations, to enact their own laws. Although...
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Archived
Can a interrogation continue after you say you want lawyer. Can they use the information against you
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Answered on May 25, 2014
The US Supreme Court held in Edwards v. Arizona, 451 U.S. 477 (1981), that a police interrogation must stop immediately after a suspect invokes his...
Archived
Why would a grand jury indictment come after an arrest?
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Answered on May 24, 2014
The judicial officer's endorsing the search warrant only shows that the agents demonstrated probable cause to believe that evidence of a crime...
Archived
If the atf arrested my friend and they hold him for more than 30days without indicting or charging him what can be done legally?
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Answered on May 23, 2014
Pursuant to 18 U.S.C. § 3161(b), and indictment or information must be filed against a defendant who has been arrested on a federal complaint (or...
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Archived
Warrant less stop will the feds continue to still seek indictment
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Answered on May 23, 2014
While the federal government is less likely to prosecute a case that has evidentiary problems, legal or factual, federal law regarding search and...
Archived
Do feds place a federal detainer on you the day of indictment
Joshua's answer
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Answered on May 23, 2014
After a federal grand jury returns a true bill of indictment, and that indictment is filed under seal or publicly, the government, pursuant to...
If a porn site has a 2257 notice, and a webmaster for contact info - and there might be a video of say a 16 year old -
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Answered on May 23, 2014
A webmaster's publishing a notice pursuant to 18 U.S.C. § 2257 on a website is not a defense to a person's possessing or distributing child...
Archived
How far back in the state of GA can the Federal Courts go back on a PSI history report when charged with a crime?
Joshua's answer
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Answered on May 22, 2014
Pursuant to U.S.S.G. § 4A1.1(a), a prior conviction for which a sentence of more than one year and one month was imposed is assessed three criminal...
Archived
What is a possession of a firearm infurtherance of drug trafficking crimes
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Answered on May 18, 2014
18 U.S.C. § 924(c) prohibits the possession of a firearm during and in relation to a drug trafficking offense. The government must not only prove...