The magistrate judge decides the motion for himself. It does not then go to another judge for review unless the decision is appealed to the...

Judges decide for themselves whether the circumstances are sufficient to call their fairness into question, warranting recusal. Neither sec. 144 or...

How much time needs to be served on a 3 year sentence

On a federal sentence, he is entitled to 54 days a year off for good behavior. On a 3 year sentence, he will serve all but 5 months. He may also be...

Does the prosecutor have to charge with a controlled buy if the buy was used as probable cause for the search warrant ?

The prosecutor has discretion to choose the charges. If the search warrant led to the seizure of contraband, the prosecutor could charge that...

What does motion to vacate mean in criminal federal court?

The letter your husband wrote is being treated as a motion to vacate his sentence under 28 USC 2255. The judge sent it to the AUSA so that he can...

II have a post man saying that i threaten him and he has no proof no evidence and there's no witnesses to back his story.

Many people would consider a string of vulgar names to be threatening, even if they did not contain an explicit threat. It would be best to stop....

How does a passenger no seat belt violation affect unsupervised probation? Should I report?

It probably will have no effect at all, but you should still report it to your po.

How can I get a copy of the original stenographers notes in N.C.? ?

The stenographer has certified that the transcript is accurate. Does your attorney agree parts are missing? If not, I don't think there is much you...

Can I have a successful double jeopardy defense?

The state and federal courts are separate sovereigns so double jeop does not prevent the feds from charging you with a crime already prosecuted by...

How long can somebody be held awaiting trial on a federal indictment?

That is very unlikely, but the person who knows the status of her case is her lawyer.