Archived
Are there any cases in the 9th cir, or NV where the motion to sup. was granted because smell of marijuana was not PC to search?
Robert's answer
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Answered on July 05, 2015
There are a lot of cases in various circuits where the smell of marijuana is enough. But if you were in a 9th Circuit state where medicinal...
Archived
If a criminal charged is dismissed or found not guilty is this still a federal probation violation
Robert's answer
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Answered on July 05, 2015
The fact that the state case was dismissed or led to an acquittal does not prevent the conduct from being used for a federal probation violation....
Archived
My daughter and son in law are getting divorced.I was convicted of a fed.white collar crime and I'm on admin.probation as I aM
Robert's answer
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Answered on July 04, 2015
Whether you are permitted to see your grandkids will be up to their parents.
Archived
Will the new law help non violent criminals under the ACCA with prior drug convictions?
Robert's answer
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Answered on July 04, 2015
The Supreme Court's recent decision in U.S. v. Johnson applies only to defendants charged with firearms offenses who have three previous...
Archived
What is the new offense level for a prohibited person with a firearm or any offense level for firearms?
Robert's answer
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Answered on July 03, 2015
In United States v. Johnson, the Supreme Court held that one provision in the Armed Career Criminal Act is unconstitutionally vague. The decision...
Is it illegal to sell and ship dirty festish underwear to a buyer?
Robert's answer
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Answered on July 03, 2015
Notwithstanding the decision of a misguided prosecutor to bring charges, I cannot imagine how mailing underwear could be a crime. The statute under...
Archived
Hi, my brother is is jail on federal hold, he's asking me to find out how to create a proper motion for federal court.
Robert's answer
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Answered on July 02, 2015
If he is facing federal charges, the court will appoint a lawyer to represent him at his first appearance in federal court if he cannot afford...
Archived
Does the RDAP program pertain to my fiancé?
Robert's answer
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Answered on July 02, 2015
As a violent offender, your fiance will not be eligible for any change in his sentence as a result of RDAP, including increasing his halfway house...
Can i Appeal a denial of a certificate of appealability?
Robert's answer
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Answered on July 01, 2015
Yes, you can apply to the circuit court for a certificate of appealability on the issues that the district court did not grant one. This is set out...
Archived
I been told that 'With Prejudice' is typically used in Civil cases. Do Federal cases have 'a typical'?
Robert's answer
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Answered on July 01, 2015
It is not clear what you are asking. "With prejudice" means you don't get another chance. So if the court dismisses a case "with prejudice," the...
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