Questions answered by E. Brian Davis

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Is it legal to have a federal prisoner sit in jail for 122 days before sentencing him/her? Should it not be 75 days max?

E.'s answer | Answered on August 03, 2009

No, there is no 75 day maximum between establishment of guilt and sentencing in federal district court. The 122 days is a bit longer than usual,...

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Do I need a laywer to go to court with us for his hearing

E.'s answer | Answered on August 03, 2009

You need a lawyer. Actually, your family needs two lawyers: one for you son and one for your niece. Traffic charges, possession of marijuana,...

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I am on probation and i want to move to IL from WI. i need to live with direct family member. Is my Gpa a direct family member?

E.'s answer | Answered on August 03, 2009

You need to talk to your Probation Officer about this possibility. If he or she is OK with it, then you will likely be approved. If not,...

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How long does it take in federal court to find out if you will be taking a plea or going to trial?

E.'s answer | Answered on August 03, 2009

I have defended people who were ready to plead before they were indicted and defended others who pleaded guilty in the middle of a trial (after his...

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Are court appointed attorneys on the Federel level good? Do they really fight for you?

E.'s answer | Answered on August 03, 2009

Immediately get word to the magistrate judge (or the judge's secretary) that you find you are unable to retain counsel after all, and ask the...

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Should I let my 18 yr old go to trial with public defender on severe felony charges, armed burglary and grand theft?

E.'s answer | Answered on August 03, 2009

Can she be found guilty by association? Of course. It happens all the time. Is a public defender good enough to get her off on the case? ...

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Sister died left two children one 13 and one 10 want to stay with aunt and not their father's. What should she do?

E.'s answer | Answered on August 03, 2009

She (the aunt) needs to hire the best family lawyer she can find and prepare for a battle, assuming dad wants custody of the kids. The kids are...

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I am a creditor in a chapter 7 adversary proceeding. I need to find an atty. pro bono.

E.'s answer | Answered on July 30, 2009

If the legal theory supporting your complaint is sound and if there is some reason to believe that there may be assets available to pay the...

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Can check fraud charges be filed against me even though the debt was paid?

E.'s answer | Answered on July 30, 2009

It would not work on a year old bounced check which had been re-paid within a few days where I practice, but for a definitive answer, call the...

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If a check is signed over to me and bounces, does the bank that issued the check owe me money?

E.'s answer | Answered on July 30, 2009

The ex-friend, the one who signed the check over to your husband and got the money in return, is liable to you. Unless there was something...

E. Brian Davis's Answers (537)

Is it legal to have a federal prisoner sit in jail for 122 days before sentencing him/her? Should it not be 75 days max?

Do I need a laywer to go to court with us for his hearing

I am on probation and i want to move to IL from WI. i need to live with direct family member. Is my Gpa a direct family member?

How long does it take in federal court to find out if you will be taking a plea or going to trial?

Are court appointed attorneys on the Federel level good? Do they really fight for you?

Should I let my 18 yr old go to trial with public defender on severe felony charges, armed burglary and grand theft?

Sister died left two children one 13 and one 10 want to stay with aunt and not their father's. What should she do?

I am a creditor in a chapter 7 adversary proceeding. I need to find an atty. pro bono.

Can check fraud charges be filed against me even though the debt was paid?

If a check is signed over to me and bounces, does the bank that issued the check owe me money?