Regarding a federal conviction, what type of appeal can be filed after the District Judge has denied the motion underr 2255?

The District Court will issue a Certificate of Appealability (COA) if it appears that "reasonable jurists would find it debatable whether the...

Federal probation violation, state of Virginia sentenced to 30 days. how much will have to be served?

30 days. Unfortunately, "good conduct credit" is only awarded on sentences of incarceration in excess of one (1) year. - Joshua Sabert Lowther,...

None. The smell of marijuana smoke is probable cause to stop (and search) a vehicle. Georgia (not federal) case law once held that the smell of...

Do the government half to include the means, manners,and overacts in the indictment of a drug conspiracy?

In a federal drug conspiracy, no "overt act" must be proven - only an agreement between the accused and one or more persons to commit a drug...

My fiance' was picked up by the U.S. Marshalls almost 30 days ago for a warrant for probation violation.

There is no federal rule of procedure that requires that a supervised release revocation hearing be held within a certain period of time; however,...

If someone has been arrested several times, but all cases were dismissed except for one where they completed successfully first

Anytime a person is arrested in GA, the arrest is reported to the Georgia Crime Information Center (GCIC), which is a division of the Georgia...

Arrest Warrant

I agree with Mr. Sanger's advice. Arrest warrant information is readily available to the public (or at least to the subject of the warrant) in...

Live in florida been subpoena'd to go to Denver

If he investigation is being handled by the US Postal Inspection Service, then the matter is most likely (actually, certainly) being prosecuted by...

If charged with federal conspiracy/charge of 5 kilos of cocaine with no criminal record is there a statue of limitations?

There is a five year limitation on the prosecution of federal drug offenses. That five year period begins to run from the date of the last act in...

Are defendants allowed the evidence from a secret federal drug inditcment if they are going to trial?

The defense is allowed to inspect any evidence presented to a grand jury (which usually only consists of witness testimony, not actual exhibits). ...