Archived
If a criminal complaint don’t get indicted will the federal detainer come of? And if he doesn’t get indicted what will happen
Joshua's answer
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Answered on January 16, 2020
The Government must indict within 30 days from arrest, not the issuance of the Complaint. – Joshua Sabert Lowther, Esq., Atlanta, GA.
10 year sentence with a 5k motion
Joshua's answer
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Answered on January 13, 2020
The motion for downward departure pursuant to U.S.S.G. § 5K1.1 (and more importantly, 18 U.S.C. § 3553(e)), will authorize the court to sentence...
Archived
Would you recommend getting more than one lawyer in a federal case?
Joshua's answer
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Answered on January 13, 2020
Your attorney's experience is more important than the number of attorneys involved in the case. – Joshua Sabert Lowther, Esq., Atlanta, GA.
Archived
What can I do in this Fed vs State situation?
Joshua's answer
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Answered on January 13, 2020
The state court judge should set a bond with the condition of rehabilitation center. – Joshua Sabert Lowther, Esq., Atlanta, GA.
Archived
Who can sign the indictment for a federal case, if the evidence is not present before them.
Joshua's answer
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Answered on January 13, 2020
No defendant should plead guilty to a crime unless that defendant and his or her attorney is satisfied that the Government can prove the counts of...
Archived
How long can the FEDS hold you on hersay in the state of Texas?
Joshua's answer
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Answered on January 13, 2020
The standard of proof to obtain a federal search warrant and to charge a federal crime is probable cause, and the Government can establish that...
Why would there be a change in a federal prosecutor mid case?
Joshua's answer
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Answered on January 13, 2020
The changing of prosecutors during the course of a case is not abnormal and can result from many reasons. – Joshua Sabert Lowther, Esq., Atlanta, GA.
Archived
How does the federal safety valve work?
Joshua's answer
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Answered on January 12, 2020
The Safety Valve provides for a 2-level reduction to the otherwise applicable sentencing guidelines range, and it allows a court to impose a...
Archived
Can a federal detainer be dropped?
Joshua's answer
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Answered on January 12, 2020
Any federal criminal case can be dropped before the court enters a judgment. However, you should consult an experienced federal criminal defense...
Archived
Can my stepson appeal the deportation after he made a federal crime? I am his step mother but i am a us citizen
Joshua's answer
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Answered on January 12, 2020
Not all federal felony convictions result in removal proceedings. You should consult an experienced federal criminal defense attorney who is also...