Archived
Is a federal judge in a criminal case where the criminal has agreed to a plea with a specific sentence, bound by that agreement?
Robert's answer
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Answered on March 06, 2020
It depends on what the plea agreement says. If the plea agreement calls for a binding sentence under Fed. R. Crim. P. 11(c)(1)(C), the judge either...
Archived
Can I get attorneys fees paid for a dismissed case?
Robert's answer
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Answered on March 06, 2020
Under the Hyde Amendment, a defendant can seek attorney fees if the government acted improperly in charging you. It is not enough to show that you...
What is the point of a plea agreement for a Federal conspiracy drug charge when the PSI basically overrules your plea?
Robert's answer
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Answered on March 05, 2020
The judge determines the guidelines, not probation. The judge does not have to go along with the PSI. Your attorney can dispute the allegations in...
Archived
Can someone plea guilty in a plea agreement For GBI enhancement 12022.7?
Robert's answer
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Answered on March 05, 2020
Part of pleading guilty is waiving your right to a jury.
Archived
Can I be indicted by the feds for something I say in a state trial?
Robert's answer
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Answered on March 04, 2020
If it is illegal for you to have a gun, for example, you are a felon, and you admit under oath you had a gun, the feds or the state can prosecute...
When police suspect you of a big crime but cant prove it would they allow you to commit smaller crimes to lock you up for those?
Robert's answer
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Answered on March 04, 2020
How do they allow you to commit small crimes? If you commit small crimes, they can certainly prosecute you for those in the hope that they will get...
Archived
Is a conditional resident deportable if the Affordable Care act requires them to file taxes?
Robert's answer
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Answered on March 04, 2020
The Affordable Care Act has no bearing on whether someone is deportable, which depends on their immigration status. You should consult an...
Archived
Private school?
Robert's answer
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Answered on March 04, 2020
If you are planning to start a private school, you will need to work with attorneys and consultants. Every state has different requirements. Do not...
Archived
What can I expect after being arrested but not charge being on federal probation
Robert's answer
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Answered on March 04, 2020
You have violated your federal probation if the government can prove by a preponderance of the evidence that you committed a new crime, regardless...
Archived
How do the members of the UAW recoup funds from officials pleading guilty for embezzling funds and defrauding the government?
Robert's answer
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Answered on March 03, 2020
The officials will be ordered to pay restitution as part of their sentences, but the union will only be repaid if they have the money to pay.
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