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I plead not-guilty to a Federal Petty Misdemeanor. What are my options now before the court date?
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Answered on December 11, 2013
A person with no prior federal or state controlled substance convictions who has been charged with the simple possession of a small quantity of a...
I was not indicted but I received a proffer letter. Does that mean the US Attorney's office is contemplating granting immunity?
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Answered on December 10, 2013
The only certainty that you can infer from the government's offering you a proffer agreement is that a federal prosecutor wants information from...
Dealing with federal sentencing are u able to request or get a downward departure and a downward variance.
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Answered on December 10, 2013
A district court determines a federal sentence by considering the maximum and minimum penalties for the offenses of conviction; calculating the...
Archived
Is it possible while fighting a federal drug case, can i get a old state case expunged ????Without getting help from the
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Answered on December 10, 2013
State law controls expungement of state convictions; your federal case will have no bearing on the issue unless the state's law does not allow...
Archived
How does Precedent work? Identical case, different circuit? What does this mean?
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Answered on December 10, 2013
Legal precedent is applied as follows: US Supreme Court decisions apply to every court, state and federal, in the nation; US Court of Appeals...
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Archived
Is there any circumstance that I judge can sentence under the guide lines on a minimum mandatory sentence other than cooperation
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Answered on December 09, 2013
A district court may not sentence a defendant in an aggravated identity theft case (18 U.S.C. § 1028A) below the statutory mandatory minimum...
Archived
Once a person is indicted by the grand jury, how long must one wait to see the grand jury report
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Answered on December 08, 2013
Grand jury transcripts, pursuant to Federal Rule of Criminal Procedure 6(e)(2), remain secret in most cases. However, the government must disclose...
The state is charging me with trafficking MDMA / MDA which has a mandatory prison sentence. Is there any way to go federal?
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Answered on December 07, 2013
There are situations in which a federal prosecution may result in less time than a state prosecution for the same conduct, and the case that you...
Archived
Is a defendant who did not make profit delivering drugs to others eligible for a 5K2.11 or another departure?
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Answered on December 07, 2013
A U.S.S.G. § 5K2.11 departure is based on "lesser harm," and although it may not be prohibited in the case that you describe, it may not be...
Archived
What happens when the drug quantities in the Pre-Sentencing report are substantially lower than ones in the Plea Agreement?
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Answered on December 07, 2013
The Presentence Investigation Report ("PSR") is prepared by a US probation officer, who works for neither the government or the defendant, but...
