Can I make a settlement offer for restitution? Preferably for payment credit to be awarded to just me, not for my co-defendants
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Answered on March 19, 2014
A defendant in a federal criminal case is responsible for any restitution and fines imposed, pursuant to 18 U.S.C. § 3613(b), for a period of 20...
Archived
How long does the federal government have to indict a person at the federal level when they have criminal complaint filed?
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Answered on March 17, 2014
Pursuant to 18 U.S.C. § 3261(b), an indictment or information must be filed within 30 days from the defendant's arrest. If no grand jury is...
Archived
I have no priors, how much time can I get for a federal offense of bank fraud?
Joshua's answer
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Answered on March 16, 2014
Bank fraud, pursuant to 18 U.S.C. § 1344, is punishable by not more than 30 years of imprisonment. However, any sentence will be determined in...
Archived
I had drug felony conviction in 1991 & now charge with a Felony charge of conspiracy 2014. Do those charges affect new charge?
Joshua's answer
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Answered on March 16, 2014
The government, pursuant to 21 U.S.C. §§ 841(b) and 851, may elect to file a notice, commonly known as an "851 enhancement," that it will seek an...
In Federal Court Is a superseding indictment allowed after the trial has begun and a jury was picked?
Joshua's answer
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Answered on March 16, 2014
The government may not supersede an indictment after jeopardy attaches, and jeopardy does not attach until the jury is selected *AND* sworn. It is...
Federal-- does a warrant need an affidavit signed with a wet ink signature under penalty of perjury to precede it ?
Joshua's answer
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Answered on March 16, 2014
Only a judicial officer may issue a federal warrant, and all affidavits in support of a warrant must be submitted to the judicial officer by the...
How do i go about getting bond for federal. for drug charges
Joshua's answer
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Answered on March 16, 2014
Pursuant to 18 U.S.C. § 3142(f), a detention hearing may be re-opened only if information exists - not known to the defendant at the time of the...
Archived
Can you give me information on the Barber Amendment? Please!
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Answered on March 15, 2014
A bill is introduced in Congress every year to increase the good conduct time credits in 18 U.S.C. § 3624(b) from 54 days per year (approximately...
Archived
Does the filing of a petition for rehearing en banc in the 11th Circuit COA require another filing fee?
Joshua's answer
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Answered on March 13, 2014
The US Court of Appeals for the Eleventh Circuit does not require an additional filing fee for a motion for rehearing en banc. - Joshua Sabert...
Archived
Is it against the law to import the pure chemical, not pills, but the raw chemicals sildenafil (viagra) or tadalafil (cialis) ?
Joshua's answer
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Answered on March 12, 2014
The importation of active pharmaceutical ingredients ("APIs") is not illegal if the purpose of acquiring the drugs is for pharmaceutical...