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Robert Laney Hambrick

Robert Hambrick’s Answers

89 total

  • Is it possible that a person could go back to court for early termination even if the judge said no early terms, if you have

    been placed on house arrest followed by probation and had been on good behavior?

    Robert’s Answer

    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.

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  • How does the statue of limitations work on a conspiracy charge?

    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?

    Robert’s Answer

    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.

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  • Can I be charged criminally for an item not included on the seizure receipt on a search warrant?

    I recently had a search warrant served on me by the FBI related to a fraud investigation. During the search they discovered and took possession of two containers of Marijuana (the local Sheriffs participating). Nothing came of it then but two days...

    Robert’s Answer

    The Government is not precluded from pursuing charges just because FBI agents may have inadvertently failed to place specific evidence on the seizure receipt left at your home. The FBI and the local deputies clearly took note of the marijuana found. Later in the process your defense lawyer will gain access to further information about the case including the police reports which will reference the drugs found as well as whatever pertinent evidence may have been found concerning the underlying fraud investigation which the Government may still be pursuing.

    The real issue at this time is what justifications, if any, the FBI gave in the search warrant for the search itself and whether that information was timely and valid.

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  • What is the difference between being wanted and having a warrant?

    what is the difference between being wanted and having a warrant?

    Robert’s Answer

    When officers have a warrant for someone's arrest it's because they've established probable cause to believe that the person committed a crime. The warrant allows other officers who know nothing about the case to make an arrest of the suspect.

    However, officers may have many reasons for simply wanting someone. For example, often law enforcement officers will want to talk to witnesses to a crime, these people are 'wanted' for questioning, but are unlikely to be arrested for criminal conduct. Officers may also believe that someone may have committed a crime but don't have probable cause yet, so they may attempt to speak to the suspect in an effort to gain an admission, additional leverage or at least some inconsistent statements.

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  • Can someone be given points for same offense twice on scoresheet?

    The underlying offense is a Robbery so the score assessed was 36 points. Person served 30 months in and then placed on probation. He has a technical violation (2) so he gets 6 poitns x 2 for those (12 points) however they also marked 12 points f...

    Robert’s Answer

    To answer your question directly - no, a defendant should not be given points twice for one offense on a Florida Guidelines scoresheet. However, additional points would be added if there is a new felony charge which exists that you don't yet have information about.

    Clearly, you need to find a criminal defense lawyer anytime there is an allegation of a probation violation to not only defend you on the underlying allegation (whether a technical or not), but also to double check the prosecutor's computation of the sentencing guidelines. If the scoresheet is incorrect, then an objection should be made so that the sentencing judge has an opportunity to make a ruling on the record before sentencing as to where the defendant scores on the guidelines.

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  • Does a 5K1.1 motion during sentencing reduce the sentence by ~1/3 below the sentencing guidelines, or below the mandatory

    minimum sentence, or whichever is higher or lower?

    Robert’s Answer

    The Federal sentencing judge will have the opportunity to sentence the Defendant below the minimum mandatory sentence that would otherwise apply in the case. For example, if the Federal Sentencing Guideline range is twenty-four months but there is an applicable ten year minimum mandatory sentence then the judge could sentence to the lower guideline range that ordinarily would have been trumped by the required minimum mandatory sentence. The judge could also give one or more levels off the Sentencing Guideline range as well, but typically this would not result in as significant reduction as avoiding a minimum mandatory sentence.

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  • In Florida, I have a son that has been incarcerated for over 7 years. He was innocent. What legal options are available?

    There was no concrete nor factual evidence presented....truly only he said, she said. My son would not plea bargain due to his strong belief of his innocence. Sadly, he did not prevail and the 2nd judge (the 1st judge was re-cussed due to his h...

    Robert’s Answer

    Unless new evidence is revealed then it is a very difficult task to overturn a jury verdict after seven years. Clearly, he should have filed an appeal of the sentence as soon as possible after he was sentenced. Once the state of Florida appeal process has been exhausted then he should file a habeas corpus with the federal court in the Middle District of Florida in Tampa.

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  • If someone was charged with trafficking hydrocodone and the pills were really oxycodone does it make much of a difference

    the pills were 7.5 percocents

    Robert’s Answer

    The main ingredients for the drugs are chemically similar, but more importantly each of the drugs is listed as an unlawful substance to possess without a proper prescription under Florida Statutes. Nevertheless, the drugs should be tested to determine if they are in fact what they appear to be as well as weighed because in Florida as few as thirty oxycodone or hydocodone also known as percocets can trigger a minimum mandatory three years in Florida prison. The mixture percentage of active drugs with andy additives or other drugs that are not unlawful does not count against the overall weight of the total drug in determination of the trafficking amount by law enforcement.

    You should find a criminal defense lawyer to look at whether the police obtained the drugs from the defendant with a valid search warrant and to exhaust each and every possibility of innocence. For more information go to my blog below, then use the internal search engine to find what I've written about oxycodone and hydrocodone pills and Florida sentencing, minimum mandatories and guidelines over the passed eight years.

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  • Why does the DEA do the same undercover drug buy over and over?

    When I read through criminal indictments of drug suspects, I often see that the UC's will make a large number of drug buys from the same suspect. Legally, what's the difference between a UC making 3 drug buys from a suspect and 50 drug purchases?...

    Robert’s Answer

    Law enforcement agents do multiple deals with the same defendants for two reasons.

    First, If there is a legitimate defense such as entrapment, then multiple buys will tend to establish that the defendants knew what they were doing and had the necessary criminal intent to sell drugs.

    But there's also a second, more insidious, almost un-American reason. Federal prosecutors and law enforcement agents from the DEA want to ratchet up the largest amount of drugs possible in order to trigger minimum mandatory drug sentences. They do this by adding up all of the drug sales by a defendant or group of defendants in a conspiracy for a robust total weight of drugs even though the period of time for multiple drug deals is over months or even years in some cases.

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