Archived
Does a defense lawyer have to tell the defendant prior to doing business if they are pending felony charges as well?
Robert's answer
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Answered on February 25, 2012
The real question is, now that you know that your attorney is facing criminal charges, do you still want him to represent you. He may be presumed...
Archived
How Do I Charge An Officer With Criminal Perjury?
Robert's answer
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Answered on February 25, 2012
If the basis for the arrest was the warrant, which was based on false info, then the search and all evidence turned up in the search could be...
Archived
Burgarly fourth degree and Theft take use transfer movable prop-no consent?
Robert's answer
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Answered on February 25, 2012
Fourth degree burglary is a gross misdemeanor with a maximum sentence of 1 year. The actual sentence will depend on the circumstances and your...
In general, can the United States Supreme Court (or federal court) strike down an amendment to the U.S. Constitution?
Robert's answer
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Answered on February 23, 2012
Amendments to the Constitution have the same status as the Constitution itself. They are part of the Constitution. As such, they cannot be...
Archived
If I am on Federal probation in New York and I get arrested in Florida and I have to go see the judge in New York what will happ
Robert's answer
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Answered on February 22, 2012
Clearly, committing a new crime while on federal probation is a violation of your probation. In addition, there may be other violations based on...
Can a person be in federal custody on house arrest be later sentenced by the state on another charge have time ran concurrent?
Robert's answer
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Answered on February 21, 2012
You should definitely discuss this with his federal lawyer. Under 18 U.S.C. 3584, a federal judge may make the sentence either concurrent or...
Archived
Shouldn't the request to have state run concurrent with feds be discussed in court?
Robert's answer
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Answered on February 19, 2012
This is a complicated question which varies state to state. In Minnesota, for example, where I practice, a defendant serving a state sentence...
Archived
Im looking for a pro bono lawyer my boyfriend is serving time in a federal prison and i wanted to look into shock probation?
Robert's answer
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Answered on February 18, 2012
The shock incarceration program is open to certain eligible defendants who have sentences of at least 12 but no more than 30 months. They must be...
Archived
Can you re-open a federal case after that sentence someone ?
Robert's answer
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Answered on February 18, 2012
Once a conviction becomes final, after sentencing and the time for appeals has expired, it is very difficult to re-open a case. If, however, the...
Archived
Is it common procedure to have two original true bill of indictments?
Robert's answer
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Answered on February 16, 2012
First, if this case is being handled in superior court by an assistant district attorney, it is a state case, not federal. Typically, a defendant...
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