Can I use spousal privilege if I were to marry my boyfriend before he goes to trial?
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Answered on October 02, 2013
You could get marriage and then invoke spousal privilege (a/k/a the Aaron Hernandez defense) at trial b/c you could not be compelled to testify...
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Criminal Appeal
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Answered on October 01, 2013
If you appeal a conviction successfully, and go back into the trial court, then lose again and are re-sentenced, the United States Supreme Court...
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What are the possible punishment for this federal crime in New York State?
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Answered on October 01, 2013
The punishment for a violation of 1029(a)(2) is a max of 10 years in prison and a fine. Of course, that is without knowing any of the facts of the...
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How often do post sentencing appeals based on denial of Frank's hearing motions succeed? This is a Federal Child Porn case.
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Answered on September 30, 2013
I don't think it is relevant that the CW was not polygraphed and the lack of corroborating evidence (as well as the deal the CW got for giving the...
Following a federal conviction, can I file a 2255 motion while I have a direct appeal pending?
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Answered on September 26, 2013
I'm afraid you would be awarded points for creativity and very little else.
I know it can be frustrating that most circuits (including the 9th...
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Can we request an appeal for a felony probation violation and if so, what are the procedures?
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Answered on September 26, 2013
Short answer to your question is that a probation revocation can be appealed if the defendant contested it and lost after a hearing. If he agreed,...
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Need court case where defendant was not informed by lawyer that they would recieve recitivist overturned.
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Answered on September 23, 2013
Depending on the facts of your sister's case, there are certainly cases under which the SENTENCE could be attacked b/c the attorney failed to...
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Can you still appeal in federal court after 3 month since sentenced?
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Answered on September 22, 2013
It is probably too late to pursue a direct appeal in the case if a notice of appeal has not already been filed. He certainly could make a motion to...
How likely is an en banc reconsideration is successful?
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Answered on September 18, 2013
On the one hand, it would be better to know more about the case to answer this fully, but I can say with a good deal of confidence that...
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2255
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Answered on September 17, 2013
A 2255 would need to be filed within 1 year of the conviction becoming final. I am going to assume, since your husband had an appeal, that he had a...
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