Archived
Someone I know got arrested and charged with smuggling 53 kilos of meth into the U.S. how much time are they looking at?
David's answer
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Answered on March 23, 2018
I have practiced in federal district court for over 20 years and have handled hundreds of "border busts." Technically, the person will face a...
Archived
Can I file a lawsuit against the police department for a drunk in public arrest when I was escaping an attack from a residence?
David's answer
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Answered on August 17, 2013
The standard for drunk in public is (if you'll pardon the pun) high. You are supposed to be physically unable to care for yourself.
It sounds...
Archived
Can the Police come onto my property and disarm a motion sensor alarm.
David's answer
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Answered on August 17, 2013
If they came on your property and damaged your property, I think you have a claim. I am assuming there was nothing illegal about your motion sensor...
Archived
Can you amend a complaint after an answer has been filed in Federal Court?
David's answer
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Answered on August 14, 2013
Yes. Every case I have ever filed, I've amended the complaint after the answer. Usually you learn new facts that need to be pled, correct erroneous...
Archived
Is there a time limit to be charged as a criminal career?
David's answer
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Answered on August 12, 2013
If you mean federal, then there are several versions of being a "career criminal" -- there's federal three strikes, the is the Armed Career...
Archived
I am preparing a Motion to Compel and want to ask for sanctions because Defendant has been so uncooperative. Is this possible?
David's answer
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Answered on August 09, 2013
If you are in federal court, check out Civil Procedure Rule 11. Also, check the webpage for the court. In the local rules tab, check out the...
Archived
I have been approached and questioned by E.P.A investigators about work place violations at a public utilty. do I need a att.
David's answer
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Answered on August 08, 2013
Yes. At the very least, you should refuse to answer questions unless they provide an attorney for you. I have seen cases where defendants started...
Archived
Awaiting for court for Federal Appeal!
David's answer
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Answered on August 06, 2013
Here is the rule: CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 25-2
Litigants are reminded that a commercial carrier's failure to deliver a document...
Selected as the best answer
After you file an appeal, is the trial judge obligated to recuse himself/herself?
David's answer
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Answered on August 04, 2013
I'm assuming that you are asking if you can get your case dismissed because the judge was biased for some reason. Interestingly enough, I was part...
Archived
Is it legal for a male police officer to search the person of a female?
David's answer
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Answered on July 30, 2013
You believe the officer crossed the line, right? If the officer was searching you because of a plausible fear of a weapon or per an arrest, then...
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