My friend allegedly committed some sex crimes, and even though he was innocent he was afraid that the government was out to get him so he took a 5 to 12 1/2 year deal, and he should've gotten on the low end of that really considering the alleged o...
If sentencing is concluded then the options are to file a claim of appeal and address the error at the appellate level. If the facts are as alleged, the case be remanded to the District Court for re-sentencing.
This scenario does not sound likely and there may be significant facts missing. It will be critical to file an appeal within the time limits or the right will be lost.See question
I was charged with giving a false report to police. The charges are getting dismissed. I live in Coast Guard housing. My spouse is in the CG. I was charged with reporting crimes that didn't happen in the houses live in that is owned by the CG. I d...
Yes, you can be charged federally even if state charges are dismissed. It does not matter that the Coast Guard is DoD or homeland security. It is still federal property and they may opt to pursue this in the federal criminal justice system. I would recommend that you seek legal advice from an attorney familiar with this practice area.See question
Just wondering if my wife could own a gun if I am a convicted felon and of course we live together. Would I be taking a chance of getting in trouble just by having the gun in the house?
The short answer is yes, you would be taking a chance of getting in trouble if your wife's firearm was kept in the house. As a convicted felon you are prohibited from possession of a firearm or ammunition. If the gun/ammo is in the house and you have access to them you may be placing yourself in harms way for federal criminal charges for possession of a firearm/ammo.
Note, that your wife is not prohibited from owning a firearm. There are no restrictions on her owning or possessing a gun or ammo. Your wife could store the gun/ammo at another location.
I would recommend you seek competent legal counsel for specific advice on this topic.
I been with my fiancee for six years, we have a 3 year old together. Recently his dad left us for some one knew but he keeps sending me mixed email and our son has been crying and acting out anger since his dad left. His dad has not made any time...
I am sorry to hear of the difficulties that you are experiencing with your family. Family issues can be quite emotional and dramatic.
Based on the limited information, if you have not already done so you should establish paternity for your child. This may have already been completed if you and the father signed an Affidavit of Parentage or if the State brought a case for support. With a paternity case the Court will require an Order of Filiation and will address custody, parenting time and child support.
I know a woman who's currently pregnant and has 2 other little girls. Both girls were taken away from her for neglect by the state and given to their fathers. The father of this child she's carrying is a child molester and on the private state reg...
The facts are somewhat vague in the question posed and additional information is necessary to provide a detailed answer.
Generally, the law requires that if the mother's parental rights were involuntarily terminated due to abuse or neglect that the State shall file a termination petition for the new child. This does not always mean that the woman's rights will be terminated. There is a process that must go gone through before potential termination of parental rights.
The facts appear to be more of a custody placement rather than a termination of parental rights for the other children in the question posed. It appears the court granted the father's custody of the children, but did not terminate her parental rights i.e. the woman is still the children's mother.
It would be incredibly unlikely for a court to place an infant child with a convicted sex offender. Protective Services will likely intervene at the time of the birth and remove the child from the mother through a court order. If they mother and putative father are not married then the putative father would first need to establish paternity with the child before he would have any rights to be involved in the life of the child. Having a criminal history does not stop someone from being a parent.
Adoption requires the termination of parental rights for the mother and putative father. Termination of parental rights can be done voluntarily with a direct placement adoption - meaning all parties are agreeing the place the child and allow the adoption to occur. The involuntary termination of parental rights may also make the child available for adoption. This can be a long process,
criminal history point of 3 , is home detention or probation available as a alternative sentence? the identity theft carries a mandatory 2 years but i read that the 5k breaks the mandatory.
A 5K1.1. Motion on your behalf by the government for providing substantial assistance that is granted by the court, will relieve the court of imposing the mandatory minimum 24 month consecutive sentence for Aggravate Identity Theft . The Court will have discretion to impose a sentence consistent with the 3553 factors.See question
the victim is unlikely to show in court being that is was drug related. when the cops questions my boyfriend he stated that the victim described him as the guy who seemed like he didnt want to be there. But also my boyfriends already has a previou...
Every case is fact specific. In Federal criminal matters the District Court is required to consult the Federal Sentencing Guidelines. The Sentencing Guidelines take into consideration the Defendant's Criminal History, and Offense Variables relating to the charged offense. Once these issues have been determined, the guidelines would provide an advisory sentencing range. provided to the District Court. A US District Court Judge has very broad discretion in determining an appropriate sentence. It is also important to consider 18 U.S.C. 3553 factors, as they have a significant impact in the Court's final ruling.
Sentencing is often one of the most important steps in Federal Court. It is imperative that he work closely with his attorney.