Can evidence from a dismissed misdemeanor state case be used to make determinations in a federal court case?
Joseph's answer
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Answered on September 15, 2022
I agree with Attorney Schoenbach. Federal rules of evidence do not apply at sentencing hearings and the judge has statutory and common law...
Did a new law pass in Texas for Federal prisoners?
Joseph's answer
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Answered on September 15, 2022
Attorney Love is correct with respect to the controlling law. I will only add that the First Step Act of 2018 gave many federal inmates the...
When federal restitution approches20 years and person convicted dies, is the debt resolved or does the spouse have to pay ?
Joseph's answer
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Answered on September 15, 2022
Yes. Although joint assets can sometimes be used to satisfy a federal criminal restitution judgment during the defendant's lifetime, the...
Can you be on federal and state probation at the same time
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Joseph's answer
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Answered on September 14, 2022
Yes. The federal and state criminal justice systems operate separately from one another. There is nothing to bar a person from being on both state...
Can a federal prosecutor charge you with felon in possession of a firearm if you are already sentenced under revocation?
Joseph's answer
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Answered on September 14, 2022
The revocation sentence is just that - punishment for violating the terms of your supervision. That same conduct - felon in possession of a firearm...
Are non-sealed criminal indictments usually published on PACER?
Joseph's answer
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Answered on February 19, 2022
PACER is the federal district court's electronic court records filing system. Only sealed documents and non-public documents (e.g., PSR, arrest...
My brother has his sentencing hearing today, how do I find out his sentence?
Joseph's answer
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Answered on February 19, 2022
Unless the case is under seal, all court proceedings are public records. Most jurisdictions have some sort of electronic court records system that...
Can I end my Community Supervision Program early by paying off all of my fees or petition to not do it at all?
Joseph's answer
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Answered on February 08, 2022
All federal drug trafficking statutes have mandatory minimum supervised release terms ranging from 3 to 5 years. As such, no court has the legal...
Why wasn’t I allowed to have a trial?
Joseph's answer
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Answered on February 07, 2022
There's obviously some information missing here. Could it be you were seeking to withdraw a guilty plea and go to trial instead? Under those...
Can my husband probation officer keep him away from me when we are married and still together ?
Joseph's answer
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Answered on February 04, 2022
The PO can only enforce those conditions that have been ordered by the court. If the PO wants additional conditions, they must go to court and get...