After federal indictment but before sentencing if you are convicted of another crime (a state crime) can that conviction be used to inhance criminal history points?
The federal district judge who conducts the sentencing hearing will take into account all of the criminal history and all of the criminal history points reflected by that criminal history that have been accumulated by the defendant anytime before the sentencing occurs.
But in practice at sentencing the judge has some discretion as to how to count the criminal history points and can often deviate up or down depending on the facts and circumstances of the other state crime. Typically it is smart to not plead to any state charges before a federal sentencing unless and until there is a firm understanding with the federal prosecutor that the additional charges will not result in more federal time at sentencing on the federal charge. But sometimes the state charge may trigger federal enhancements that neither the federal judge, prosecutor nor the defense lawyer can avoid so the best practice is not to plead to state criminal charges while federal charges are also pending.See question
My husband is on a federal jail.. For gun charges. He was convicted in 2003 for assault and battery on a household member. And they are holding that against him in the federal court even though it was misdemeanor
Yes, many criminal cases in federal court result in jail time even if the offense may seem to not be aggravated.
Federal firearm and gun violations are taken very seriously by the federal government and can easily trigger a federal minimum mandatory sentence when combined with a prior record that included a domestic battery. You state that your husband has a prior domestic battery so unless he can establish that he was not actually convicted for that crime he likely is looking at the real possibility of serving time in federal prison.See question
It happend at a Wal-Mart store which was in 2013 and I paid all court costs and fees. I pleaded no contest and the case was closed. I didnt have probation. I want to go back to school and just want to make sure nothing show up on my background check.
Officers are not always obligated to tell the truth to defendants in our criminal justice system. When you pled no contest and the case was closed that's not the same as having the charge dismissed thru the Pretrial Intervention Program. The best way to find out what is on your record is to check with the clerk's office of the county where the petty theft occurred. You can go to the county clerk's web page online and simply put in your personal information to find out what actually happened in the case and if it's something that your school can find. Even if it is most schools are often understanding about a first offense.See question
I'm a single mom with absolutely no help or support. I'm the only one my son has. I just recently found out there is a warrant for my arrest on substantial felony charges(non-violent). I have evidence that I did not commit the crime/s in question ...
There's no easy answer to your question. When someone out of Florida faces a Florida arrest warrant that person is under immediate and continual threat of an arrest and possible extradition at any time.
As a criminal defense lawyer I look to the following factors in accessing what to do next: the severity of the charged offense, the length of time since the offense and the integrity of all of the identifying information on the warrant. If the charge is not too serious or nonviolent it's likely possible to schedule a time for you to turn yourself into the authorities and later attend a hearing where the judge and prosecutor formally attend to the merits of the case. Once you've become a party to the case then the case will end either in dismissal, plea or trial by jury.
You should look for a criminal defense lawyer who practices in the Florida county where the warrant originated. Find someone who handles criminal law exclusively and who can help guide you thru the process in the least painful way possible to finally get this charge off your back.
Hello, I received a letter on Jan. 23rd saying that my PTI (which ends Feb.27th) program was rejected, for the second time, and that I am scheduled for court on Feb 23rd. I paid all of my fines (1,161.00), but I did not complete my (50) hours of c...
Pretrial Intervention (PTI) is one of the best ways to have your criminal case dismissed in the Tampa Bay area of Florida. The program is administered by the State Attorney's Office and upon completion of all the requirements the prosecutors will file a Motion to Dismiss the case with the presiding judge.
The best thing you can do is ask the probation officer and the State Attorney's office for a third chance to complete the PTI if they'll give it to you and to make every effort to complete all of the underlying requirements before the due date otherwise the case goes back before the judge and you'll either have to plead or go to trial.See question
My husband was arrested on October 13,2016 on grand theft. He went to first appearance on November 18,2016. He was advised that charges wasn't formally charged. How long does it take for the state to pick up the charges and How long does it take f...
Once law enforcement has made an arrest then the State Attorney's Office conducts its own investigation. Under Florida law the prosecutors must take sworn testimony in order to file any felony case such as grand theft.
Usually in a grand theft case that would include evidence and testimony not only from one or more of the investigating Detectives but also of the victim who would be questioned as to the value of the property to prove that it was over $300 and to establish that there was an actual unlawful taking. The police arrest based on probable cause but prosecutors proceed based on whether they believe they can win the case at trial proving guilt of the defendant for grand theft beyond a reasonable doubt. Though the State has 175 days from the arrest to take action, typically a decision is made within a month or two as time is of the essence for prosecutors.See question
I am trying to enlist in the ARMY. I was charged with domestic battery back in september but my case has been "No Info Filed" and I never went to court. However the ARMY does not accept letters that state "no charges to be filed at this time." ...
A No Information is filed by the State Attorney's Office in Pinellas County with the clerk of court so that all parties to a criminal case are given notice that the case is not going to be pursued at the present time. Here's what a fairly recent Pinellas No Information for an Aggravated Domestic Battery said:
The State Attorney, having taken testimony under oath at a State Attorney investigation, concludes that the facts and circumstances revealed do not warrant prosecution at this time.
As a former prosecutor in Pinellas County I can give you some insight as to why the language of the "no information" is open. The words "at this time" means that in the future the case could be revived. Reasons to bring the case back could include a new similar crime against the same victim or a victim who failed to cooperate coming forward to testify or other evidence such as video, audio or medical records that was not available being found.
In Pinellas prosecutors may also choose to file a different document known as a Nolle Prosequi which has similar language but does not have the 'at this time" wording instead saying that the investigation "...has revealed that further prosecution is not warranted." This document would be filed when the State clearly believes that there will never be further prosecution on the matter.See question
been placed on house arrest followed by probation and had been on good behavior?
The objective would be to show the sentencing judge that circumstances have changed since he ordered no early termination as a condition of the court imposed probation.
Most judges in Florida will not entertain any motion for early termination unless the following conditions are met:
1. Half of the probationary period has been completed.
2. There have been no technical nor actual violations of probation during that time.
3. All restitution has been paid.
4. All court costs and costs of supervision have been paid.
5. All conditions of probation that the judge ordered have been successfully completed.
6. The probation officer and the prosecutor do not object to early termination of probation.
I was given a target letter one year ago, then indicted this year for a conspiracy charge for a place I havent had any affiliation with in over 8 years. how will the statues work with this?
The statute of limitations limits the time frame within which the Government may proceed in a criminal case. The underlying statue varies by the charged offense. However, when the Government alleges that there was a criminal conspiracy the typical standards for the statute of limitations becomes much more flexible in that a conspiracy charge is often deemed to be continuing enterprise.
In fact, the Government and federal courts often assert that the only way to stop one's involvement in an alleged continuing conspiracy would be to inform the DEA, FBI or other government agents about the conspiracy and that you are now no longer a part of it. This rule often allows the government to sidestep and expand traditional notions of limited time in applying the statute of limitations.See question