What can plea bargains offer in federal drug crimes besides a 3 point reduction for acceptance of responsibility?
André's answer
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Answered on May 13, 2014
It depends on the jurisdiction. In some places, you can prevent an adjudication as a habitual offender if you've been convicted of a drug crime...
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What brands of spice are still legal? I am confused about which brands we can legally buy and which ones got banned.
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Answered on May 13, 2014
I wouldn't buy any. The analog act exists to deal with the daily change in active ingredients for various blends being sold.
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Is it uncommon for a DA to ask for several extensions when replying to a pcra and be granted those extension?
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Answered on May 13, 2014
To be blunt: prosecutors get extensions all the time for post conviction applications. Now, you miss a deadline and see what happens. Its not...
Archived
No matter what the case is, If I get arrested and taken into jail am I supposed to be read my Miranda rights? I live in PWC, VA
André's answer
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Answered on May 12, 2014
In theory-yes. But, it may not matter. The Miranda warnings only make a difference if you are interrogated while in police custody. If you were...
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Conviction for simple battery, 2010. On my background check its coming up as Sexual battery. How do I get this corrected?
André's answer
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Answered on May 12, 2014
I'd pull the court minutes to see if there is an error on that end. If so, I'd file a motion with the court to correct the minute entry. If the...
Archived
Police report
André's answer
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Answered on May 12, 2014
In theory, the DA will rely on the police report as part of their investigation and will make a charging decision after reviewing the report and...
CAN A CONVICTED FELON IN LOUISIANA BUY AND POSSESS A BLACK POWDER MUZZLE LOADER?
André's answer
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Answered on May 12, 2014
I wouldn't. L.A. R.S. 14:95.1 specifically lists "black powder weapon" as a firearm for purposes of the felon with a firearm statute.
§95.1. ...
Archived
Can probation violet me if i have a preliminary on new charges after my probation ends?
André's answer
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Answered on May 12, 2014
This may be a state specific question. But, in Louisiana, if your probation expires before the p/o files a rule to revoke probation in court then...
Archived
Motion to compel ruling?
André's answer
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Answered on May 12, 2014
You may want to file a Writ of Mandamus but that won't win any friends. Are you representing yourself? This is probably a conversation you want...
Archived
Louisiana HB 414 & HB 416 calculations
André's answer
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Answered on May 12, 2014
The 25% rule is more for parole eligibility for first offenders on non-violent offense. Good time estimate is 40%. She will get credit for every...
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