Ny son is being charged in federal court with a level9 counterfieting charge. He has a co-deffendant that has several other state charges in different counties. My son did not qualify for bond, and his codeffendant had the court date reset thus m...
Under the Federal Rules of Criminal Procedure, a Federal court has the authority to sever trials "or provide any other relief that justice requires." I've included the link to the rule. However, severance is often difficult to obtain and depending on the facts of the case may or may not be advisable. According to the Court of Appeals for the Fifth Circuit, "bare allegations of potential prejudice from joinder of counts of indictment are insufficient to justify severance; defendant must allege specific prejudice." United States v Quintero 872 F2d 10 7 (1989).See question
If the husband is petitioning his immigrant wife and they wanted to do adjustment, what happens if he has to return to his overseas base before the adjustment interview? Can she go alone in that case?
Whatever immigration attorney you retain to help you with this problem, you should be sure that they are familiar with the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. § 501, et. seq, or that they collaborate with an attorney who is familiar with it. Although SCRA's application to cases like yours is complex, it should be looked-at because SCRA has important provisions regarding the stay of administrative proceedings involving a servicemember. This means servicemembers can sometimes delay court cases or administrative hearings under the law. Your immigration attorney may consider SCRA in advising you how to best proceed - even if they decide that your interview doesn't qualify for SCRA relief or that seeking SCRA relief is not the best course of action.See question