Archived
My husband has amonth left on his fedral probation.he violated probation with a new state charge of poss. cocaine.how much time?
Robert's answer
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Answered on September 15, 2012
The fact that he violated with a new criminal charge, and one involving drugs, will be viewed harshly by the feds. That being said, it would be...
Archived
How can I put in to be taken off of federal probation?
Robert's answer
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Answered on September 14, 2012
Under 18 U.S.C. 3564(c), the sentencing judge may terminate a term of probation after one year on probation in the case of a felony. The judge is...
Its it good or bad the Feds picked up my husbands cases?
Robert's answer
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Answered on September 14, 2012
Hard to say in this specific case with no information but in general having the feds pick up your case is bad. Sentences tend to be longer, there...
Archived
In federal court to get the 851 field on you do you have to have done prison time before
Robert's answer
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Answered on September 14, 2012
21 U.S.C. 841 sets out the penalties for drug cases. That statute sets mandatory minimums and maximum sentences based on drug quantities. Those...
Do cooperators working off a federal case always have get their plea agreement sealed?
Robert's answer
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Answered on September 14, 2012
First of all, plea agreements never show up on pacer. To get the plea agreement, you would have to go to the clerk's office and ask to see the...
Is cybersex/sexting/ between a 16 year old and an adult illegal if they live in different states?
Robert's answer
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Answered on September 14, 2012
Inducing a minor to produce sexually explicit photos and videos is a very serious federal crime.
Archived
If my husband gave up his right to appeal through a plea bargain can he appeal if during sentencing the Judge said he could.
Robert's answer
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Answered on September 13, 2012
There is some support in the cases for the proposition that when a judge tells the defendant he can appeal that cancels out the appellate waiver in...
Archived
If my husband gave up his right to appeal through a plea bargain can he appeal if during sentencing the Judge said he could?
Robert's answer
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Answered on September 13, 2012
There is some case law support for the proposition that if a judge tells a defendant he has the right to appeal, he can appeal notwithstanding that...
Archived
What does "Evaluate the state's current ability to go forward on a 1998 offense" mean, regarding a Fraud RICO Conspiracy?
Robert's answer
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Answered on September 13, 2012
It sounds like you have both state and federal problems. You have been charged with a RICO case in Florida. That case stems from an offense in...
Archived
Is it illegal for someone to file false charges on you?
Robert's answer
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Answered on September 13, 2012
It is illegal to file false charges against someone. It is also very common for two people to disagree about what happened. You can provide your...
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