Archived
Are there any bills floating around Capitol Hill to reform Mandatory Minimum Sentences? Would it even affect my relative?
Kevin's answer
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Answered on January 27, 2016
I believe you are confusing two different federal sentencing concepts: mandatory minimum sentences and good time credit. A mandatory minimum...
Archived
When is the appropriate time to file a writ of error corum nobis ? The last day in federal custody or the first day out ??? THX!
Kevin's answer
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Answered on December 10, 2015
The writ of error coram nobis is the "Hail Mary" pass of the law. It is filed in federal court under the All Writs Act, 28 U.S.C. Sec. 1651. You...
Archived
Responding To Federal Forfeiture Notice After 30 Days
Kevin's answer
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Answered on August 26, 2015
Although it is unclear from your question, I will assume you are writing about a federal administrative forfeiture by a federal agency such as the...
Is SIS a conviction of Crime?
Kevin's answer
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Answered on July 09, 2015
You are correct. An SIS is a probationary sentence that once completed is not a conviction under Missouri law. PA may treat a guilty plea to a...
Can I have my SIS probation expunged in Missouri if I have successfully completed all probation and it was a first offense?
Kevin's answer
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Answered on July 03, 2015
I agree with the prior answers, however, you will be unable to withdraw your guilty plea because there is no final judgment and you have completed...
Can i Appeal a denial of a certificate of appealability?
Kevin's answer
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Answered on July 01, 2015
Yes, you can file a notice of appeal from the denial of a Sec. 2255 motion in which a certificate of appealability (COA) is denied However you...
Archived
Has the state guide line of 85% droped to 65% time served
Kevin's answer
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Answered on May 11, 2015
Under Missouri law, Mo. Rev. Stat. 558.019, if you have been convicted of a "dangerous" felony you are required to serve 85% of the sentence...
Archived
Filing a motion under the 5K rule
Kevin's answer
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Answered on April 30, 2015
Only the United States Attorney can file for a downward departure under § 5K1.1 or a Rule 35 motion.
Archived
Can I fly back?will i been denied entry
Kevin's answer
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Answered on March 29, 2015
Regarding your reentry into the United States as previously advised you will need to consult an immigration attorney. Missouri allows a defendant...
Archived
Can I have an arrest for misdemeanor marijuana possession expunged? I was not convicted.
Kevin's answer
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Answered on January 12, 2015
If this arrest occurred in Missouri you will not be able to expunge the arrest record because you entered a plea to a reduced charge. Only arrests...