Skip to main content
Jason Matthew Mayberry
Avvo
Pro

Jason Mayberry’s Answers

68 total


  • If I were to enter into a home mortgage would I be violated on my supervised release

    I was sentence to 132 months. In 2005 and 4 yr release for a non violent drug crime that didn't involve money and I have done excellent on the 1st yr of release but my kids are back with me and my sis t ers house is crowded. I need to move

    Jason’s Answer

    Often when there is a fine or restitution involved in a Federal criminal case, a special condition of probation will have language something along the lines of: "Defendant shall allow probation officer access to any requested financial information. Defendant is prohibited from incurring new charges or opening additional lines of credit WITHOUT APPROVAL of the probation officer, unless defendant is in compliance with restitution schedule." While you may not have restitution it is very possible you may have similar language in your special conditions of probation precluding you from obtaining a mortgage without prior approval.

    Long story short, when in doubt ask your PO. Better to ask and be told no than to proceed and get violated and subject yourself to additional custodial time. As bad as it may be at your sisters, it very likely still beats what the BOP can offer. Good luck to you.

    See question 
  • Do You Go To Federal Prison Right After Pleading?

    I was arrested on federal firearm charges roughly 3 months ago. I was released on pretrial shortly after that. I am on ankle monitoring and have had no issues passing UA's, being home by curfew etc. I have strong ties to the community, only a one ...

    Jason’s Answer

    Your question is going to depend on your Judge. From what you've stated I believe you have a good shot of staying out on bond pending sentencing. Given that you are already on pretrial release, don't appear to have violated any terms of pretrial release, and have a very minimal criminal history, you have a pretty good argument. You can argue that you aren't a flight risk considering you haven't fled to date and if you had no failures to appear on your prior case you'll be in even better shape. Your voluntary withdrawal from your criminal activity is worth mentioning in that it is indicia that you are not a danger to the community you're living in. I would take a look at the release pending trial statute 18 USC 3142 and its dictate when arguing under 18 USC 3143 that there is NO clear and convincing evidence that you are a flight risk or threat to the community. Good luck to you.

    See question 
  • Are federal crimes eligible for expungement?

    I was arrested on Fort Stewart Army Base for shoplifting a $5 pair of earrings and charged with felony theft of government property. I took a pretrial diversion and completed it but the charges continue to show up on background checks and I can't...

    Jason’s Answer

    Aside from the statute my colleague cited for you, and in certain situations pertaining to DNA for servicemen, one cannot expunge a Federal criminal record pursuant to any Federal statute. That said, certain Federal Circuits have said that a Federal Judge can "make things right" "in the interest of justice" and can expunge arrest or conviction records on equitable grounds. That said, it is EXTREMELY rare that a Judge would consider this and given that your case is in the 11th Circuit it is unlikely. While some Courts have recognized ancillary jurisdiction to expunge for equitable purposes (Second, Fourth, Fifth, Seventh, Tenth), most have continued to decline it.

    You could retain an attorney to file an original motion to expunge with accompanying memorandum in support but I believe it is highly unlikely that the Court would grant your request. I'm sorry to have to give you this advice.

    See question 
  • About how long does a federal case mostly should last

    How long should a federal case last and what can I do to try to get the usda and the judge to take ankle bracelet off I had it on for 8 month

    Jason’s Answer

    The length of the pendency of your case will vary on the complexity of the charge, whether it goes to trial, discovery issues, and court scheduling. As for your ankle bracelet, if this is a condition of your pretrial release, it is possible to get your conditions modified to have it removed. The burden will be on you to show why you should have it removed and that you are neither a threat to run and not a danger to the general public. I recommend consulting with your attorney about filing a motion to modify the conditions of your pretrial release terms. Good luck to you.

    See question 
  • I caught a federal case and it is a sealed complaint and from a cw how strong can the case be with out no pictures and no wire t

    Taps is only cw against me dea never witness any of the events

    Jason’s Answer

    Unfortunately I'll need significantly more information than what you've provided to give you an appropriate answer. That said, chances are if "cw" in your question refers to a confidential witness/informant, there may well be audio recording from the informant wearing a wire. Though it may not be as strong as having direct evidence, cases are proven everyday, all throughout the United States on circumstantial evidence alone. Assuming your case is a drug case based on your DEA reference, the government may have other cooperating witnesses lined up to testify against you in the hope of reducing their own sentence. I recommend contacting your public defender or an experienced Federal criminal lawyer either in your area or one who practices nationwide to investigate early what the specific allegations are and how strong they are.

    See question 
  • Rule 35 requirements

    Can an inmate waive his appearance in court for the rule 35 motion due to being so far from home. If so how?? Will it affect anything? Ty.

    Jason’s Answer

    The above attorneys are correct. Though you may waive your appearance at a Rule 35 hearing, I would never counsel a client to do so unless there would be some incentive. I can't imagine that being the case and your presence is valuable, if for no other reason but to show that you take the proceeding seriously. A rule 35 motion/hearing is the inmate's bite at the apple to get a significant reduction in their sentence. That alone should compel their desire to be present.

    See question 
  • If a porn site has a 2257 notice, and a webmaster for contact info - and there might be a video of say a 16 year old -

    and I clicked it not knowing - would I get in trouble or would they?

    Jason’s Answer

    You could both be charged. Not worth the risk. When the Feds prosecute crimes like this in my jurisdiction they cast a wide net.

    See question 
  • Can I become a licensed PHARMACIST (not tech) in Illinois with a Federal Class C misdemeanor?

    In 2007 I committed a crime of Theft and Embezzlement of United States property (under $500) (Class C Misdemeanor) I was however not in the system until 2009 when my case was over. They consider this a "slap on the wrist" because I have always bee...

    Jason’s Answer

    You will want to consult with the agency in Illinois that regulates pharmacists. Because you can't expunge a Federal conviction your best bet may be to be completely transparent with this and tell them about it. I can't imagine they wouldn't see it when they run a background check. That said, considering it was seven years ago and you are candid about it, they may deem your character to be "rehabilitated" and give you a shot. Good luck to you.

    See question 
  • I got charged for drug conspiracy based on text messages I allegedly sent and people running their mouths. Can I get criminal

    charges dropped under the principle of corpus delicti? These texts were sent over a year ago and no drugs were found or controlled sales were ever made. Is it a very weak case?

    Jason’s Answer

    I hate to be the bearer of bad news but there is no corpus delicti rule in our Federal criminal courts and hasn't been since 1954 when the United States Supreme Court decided Opper v. United States, 348 U.S. 84 (1954). Our Federal courts have used the corroboration rule in place of corpus delicti since the Opper case and requires only that a prosecutor bolster an admission with some corroborating independent evidence. Considering the conversation piece of the text messages are substantive evidence of a conspiracy, I don't think corroboration is at issue.

    I don't see a United States Attorney's Office dropping many cases they move forward on. The text messages would go to the proof of agreeing to try to accomplish an unlawful plan- in this case distribution of drugs. The United States would also use those text messages to try to show the second element of a 21 USC 846 conspiracy charge to prove that you knowingly and voluntarily entered the conspiracy. There is the argument that you didn't send the text messages but I don't think it's a strong one considering there are other witnesses likely lining up to roll over on you so they get 5K substantial assistance credit.

    I would be in contact often with your Federal PD or retain an experienced Federal criminal attorney soon to help you. Good luck to you.

    See question 
  • Can I get a Federal Class C Misdemeanor of Theft & Embezzlement of United States Property under $500 sealed or expunged?

    I took a plea bargain for the offense listed above in 2009. Crime was committed in 2007. My lawyer told me "no" I can NOT get it sealed or expunged. But I also had a public defender before I had a lawyer that told me "yes". I'm so confused & I nee...

    Jason’s Answer

    I'm sorry to be the bearer of bad news but a Federal criminal conviction cannot be expunged. The only recourse is that the conviction could possibly be pardoned. That said, getting a Presidential pardon is extremely difficult. Best of luck to you.

    See question