Archived
Can defendant ask the Judge to change a prison sentence to a sentence in a drug treatment facility instead?
Robert's answer
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Answered on August 18, 2016
Although you have listed this under Federal Crime, it appears that this is a state crime issue. Typically, the judge makes the decision about the...
What is the statute of limitations on filing a federal civil rights violation?
Robert's answer
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Answered on August 18, 2016
First, the statute you cite, 18 U.S.C. 242 is the criminal statute that applies to one who intentionally deprives another of their civil rights....
Archived
I'm looking attorney help me with civil suite
Prison case
Robert's answer
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Answered on August 18, 2016
You need to find a civil rights lawyer. You should contact some lawyers in your area and ask for a free consultation.
Archived
Whats the difference in getting sentenced a 5yrs +2 than a 5 to 10 how much time will I be required to serve on 5 + 2 in
Robert's answer
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Answered on August 17, 2016
You have listed this under Federal crime but you are describing a state court sentencing scheme. You need to consult with a MI attorney to...
Archived
In 1979 I was convicted in federal court for possession of marijuana, I was sentenced to ten years with life special parole.
Robert's answer
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Answered on August 17, 2016
When you were released after 40 months, you were on parole for the remaining 80 months of your 120 month sentence. Once that ended, you were then...
Is it illegal to read someone else's mail if it's already open?
Robert's answer
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Answered on August 17, 2016
I see no possibility that you would be prosecuted for reading someone else's open mail. Perhaps you should be rethinking your relationship with...
Archived
What can I do if my Plea agreement was Breached by prosecution and I have already been sentenced?
Robert's answer
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Answered on August 16, 2016
It is hard to say without knowing the details. First, many plea agreements in federal court contain an agreement between the defense and the...
Archived
Who is allowed to speak at sentencing? Is it possible that during sentencing a judge would wait to make an actual sentence?
Robert's answer
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Answered on August 15, 2016
After the defendant is convicted, either at trial or by guilty plea, a presentence report is prepared that provides information about the offense...
Archived
If a home invasion occurs, and a person is a non-violent ex convict, and uses a firearm to defend family. Would they be charged?
Robert's answer
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Answered on August 15, 2016
Possession of a firearm by a felon, even a non-violent one, is a federal crime. It is likely you would be charged with being a felon in possession...
Archived
Is a sworn affidavit invalid in my state if the affiant exclusively certified "under penalty of perjury" for another state?
Robert's answer
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Answered on August 15, 2016
I assume that the affidavit was signed in the State of Cal. and so the certification referenced those laws. I don't see that those words would...
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