Can a legal malpractice lawsuit be filed for damages if legal counsel is found negligent after a 28 U.S.C 2255 is filed?
Robert's answer
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Answered on July 10, 2018
Yes, an attorney who is ineffective can be sued for money damages. But in that civil case, you will have to prove the attorney's negligence to a...
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What's the diffrrence in a 18usc2255 and a second or successive?
Robert's answer
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Answered on July 10, 2018
Because this is his second 2255, he will have to ask the court of Appeals for permission to file it. The Court will have to certify that the...
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Can a person who is not on parole or probation be arrested or detained and searched based on an anonymous 911 call
Robert's answer
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Answered on July 09, 2018
His attorney is the best person to answer this question. There is no rule that says an anonymous call cannot establish probable cause. It depends...
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What evidence does a judge need to rule on relevant conduct in a drug conspiracy case?
Robert's answer
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Answered on July 09, 2018
The judge makes sentencing decisions about relevant conduct by a preponderance of the evidence, which is much lower than at trial. The government...
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Husbad Was charged with 5th degreed substance possession he has been in prison before would he go back to prison?
Robert's answer
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Answered on July 09, 2018
Typically, judges view criminal sentences as a way of discouraging the defendant from committing future crimes. If they continue to commit crimes,...
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Can I legally invest Oregon money in a Washington based marijuana operation or stock without federal issues?
Robert's answer
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Answered on July 09, 2018
What exactly is Oregon money? The only money I am aware of is issued by the United States Treasury. Given your question, you should consult with an...
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Is a case involving someone asking a 9 year old for a naked picture?
Robert's answer
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Answered on July 09, 2018
It could be either state or federal. It depends on the circumstances and who is investigating it.
Archived
Can I get a federal charge in iowa sealed
Robert's answer
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Answered on July 09, 2018
Unless it was a juvenile adjudication, there is no way to get a federal record sealed or expunged.
Archived
How can a person be convicted of priors since 1993 of 20 years or more ain't there such a statute of limitations.
Robert's answer
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Answered on July 09, 2018
The federal firearm charge has a 5 year statute of limitations. That means the government must charge the defendant within 5 years of possessing...
Archived
Can he go home if he discharges his state sentence,until he is sentenced next month for federal
Robert's answer
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Answered on July 09, 2018
Once he finishes his state sentence, he will be turned over to the feds as a result of the detainer. He will then be entitled to a detention...
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