Motions for departure

Parties are required to serve any pleadings (e.g. a motion for downward departure) on opposing parties. The defendant has no limitation as far as...

Does an inmate need an attorney to get his sentence modified and what are the procedures to do so

My guess is that you are trying to get a sentence of one year modified to twelve months because of the immigration consequences of such a sentence....

My Husband was wondering does he have the appeal rights.

Sounds to me that what you are talking about is some sort of revocation of parole, probation or supervised release. Generally speaking, if you...

My boyfriend is scheduled for trial-jury this month. Is it too late to hire an attorney or can he restart the trial?

Not to sound cynical, but it's never to late if you have the money. My strong advice is that you not delay in seeking an attorney out if he's ...

How can I get post conviction relief of a conviction that stemmed from an alleged and unsubstantiated confession?

There are multiple challenges, just in the scenario you have presented. First, if the conviction came in 1997, the question now is whether or not...

Should appellant request oral argument to help the panel understand the case?

I usually tell clients not to get too caught up in oral argument at the appellate level. Many times, oral argument has a lot more to do with the...

Selected as the best answer

Is a federal conviction for "transferring a weapon across a stateline without a license" a nonviolent or violent crime?

I do believe that most federal courts, including the 7th Circuit which covers Chicago, consider a 922(g) offense (i.e. transferring a weapon...

How much time will my husband serve on 11 1/2 yrs sentence

Unfortunately, in the federal system there is no parole and very, very little good time. So the answer to your question would be 11.5 years....

For a career criminal charge can they use two non violent drug charges one being over 10+ yrs and only serving 8 months county

On the surface, from your description, it does sound like your husband's convictions would make him eligible for enhancement under the ACCA. Even...

I was wrongly convicted. I fired my private attorney, asked to withdraw my plea and go to trial. I had no consel in direct appea

If you are saying that you were the pro se appellant in that case, it appears that you have had the opportunity for a trial, which you waived by...