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Bradley Lamar Henry
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Bradley Henry’s Answers

53 total


  • What should I do?

    I had Investigators from several different Federal Agencies approach my house and question me about a package sent from overseas. They said that they would not charge me if I cooperate with them in catching the sender. All of my correspondence wit...

    Bradley’s Answer

    You should make every effort to contact an attorney, specifically one who has a lot of experience in federal criminal defense. Even if you do not believe you can afford an attorney you should try. Going to the federal defender is an option even if you do not ultimately qualify. You should also avoid posting this information on the Internet.

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  • Did she break the law by opening my mail?

    My soon to be ex-wife and I separated the first week of October. I was asked to leave the house. Things started out civil and then all of a sudden she spoke to a lawyer and she has become nasty. Getting a protection order against me for petty r...

    Bradley’s Answer

    Technically, it may be a crime to open someone else's mail. But, there are other things that go into evaluating whether it is a crime in every scenario. Aside from the legal analysis of whether it is a crime, consider the practical impact of what happened. Did it harm you in some significant way? Is it worth reporting to the authorities? Will they do anything about it given the seriousness of the event? You should speak to your attorney if you have one or find a good attorney.

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  • What happens if district attorney does not respond to 2255 motion?

    My husband filed a 2255 motion attacking sentence, stating ineffective counsel on a number of accounts. This was filed in June 2015, judge ordered government response by November 23, 2015. They government has yet to respond and the clerk stated th...

    Bradley’s Answer

    Even if the government did not respond in writing, the burden to prove allegations in a 2255 are on the person filing the motion. The court may grant or deny the motion even if the government does not respond. Depending on the allegations, a non-response may be helpful, but not a guarantee.

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  • Rico act

    in a rico case can be you be convicted by others actions in the enterprise, if yu r not mentioned in specific acts or even have ties to it other than the enterprise would yu still be accountable or would dat be considered my relevant conduct? or...

    Bradley’s Answer

    I agree. The laws controlling conspiracy law are very broad. While conspiracy and RICO are similar, RICO law is an area of law all its own. You would be well served in talking to an attorney who can learn more facts about your specific case. But, both of my colleagues are correct, generally a person can be held responsible for a broad category of actions in a conspiracy, even if they did not personally commit the action.

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  • What should be done a 2255 or a direct appeal in the federal system? Due to the Johnson case

    He was given career criminal offender and a gun enhancement. He waved his right for an appeal. He was sentenced in February 2015. And was also not given the minus 2.

    Bradley’s Answer

    Both previous answers are correct. The time for direct appeal has passed. The other two issues, Johnson and drug reduction, may still be addressed through post-conviction actions. Some districts are agreeing that Johnson applies retroactively. You should speak to an experienced federal criminal attorney as soon as possible.

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  • If u catch a charge in one county before u get put on probation in another.can u still violate.it was two days apart.

    Was arrested for a violateion warrant in one county,but the same night was arrested for simple possession and possession of paraphernalia in another

    Bradley’s Answer

    I agree with Mr. Meade. Also, the court may be prohibited from running any possible sentence concurrently (at the same time) if you are arrested for an offense while you are on release for a previous offense. Depending on the status of the pending case the new charge may also cause your bail to be revoked, your sentence to be enhanced, or the plea offer to be taken off the table. You should call your attorney immediately.

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  • If i plea guily will charges get dropped or skimmed down.

    Me and some friends recently checked out an "abandoned" school that was actually owned by Billy Ray Cyrus. We had no idea it was owned by anyone or it was private property. Long story short, we were going to take some things and we are supposed to...

    Bradley’s Answer

    First, you should contact an attorney immediately. A plea agreement does not usually result in charges being dropped. A plea agreement is a plea of guilty to an offense where you admit your wrongdoing. A plea can result in a reduced sentence. However, in Tennessee there are options available to some offenders where a conditional plea of guilty may be dismissed after a period of time if you comply with the conditions placed on you and do pick up new charges. An attorney who practices criminal law in Tennessee will be able to describe these possible options to you.

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  • Can an Atty file a pro bono motion to get the Two Level Drug Reduction for a guy that got a 5K1 to his mandatory minimum?

    The gov didn't request a reduction in the mandatory minimum, but did file for a 5K1. At the time of sentencing (the end of 2009) there was a memo stating that all crack offenders be sentenced to 1:1. The judge used the 100:1 guidelines and the 5K1...

    Bradley’s Answer

    If the judge sentenced to the mandatory minimum 120 months then the two level reduction is not available. The reduction is only used for calculating guidelines and cannot change the minimum mandatory.

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  • Can I hire a lawyer in Nashville for a case in Arizona.

    On probation in LA moved to tenness can I hire lawyer to handle this case? Warrant issued for my arrest in Nashville.

    Bradley’s Answer

    Both of my colleagues are correct. You have a right to an attorney of your choice. If the attorney is not admitted to practice where the case is located they may get special permission to practice for that case only. You should hie the attorney that you feel most comfortable with. You should do that as son as possible if a warrant is pending for your arrest.

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  • Can a felon carry any form of self defense weapon in Nashville, TN?

    I was charged with two non violent drug related felonies in Alabama. I am now a legal resident of Tennessee. Am I allowed to carry a taser, bean bag gun, flare gun or any form of self defense other than a pocket knife and mace?

    Bradley’s Answer

    I agree that you are prohibited from carrying a firearm. As for the other categories of weapons you describe, it depends. Before you make a decision to carry a dangerous weapon for your protection you should speak to an attorney about the specific reasons. Some of those items may be prohibited by other law regardless of your status as a felon.

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