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When After federal indictment but before sentencing if you are convicted of another crime (a state crime) (question contin...): After federal indictment but before sentencing if you are convicted of another crime (a state crime) can that conviction be used to inhance criminal history points?

Asked 4 months ago in Federal Crime

Robert’s answer: The federal district judge who conducts the sentencing hearing will take into account all of the criminal history and all of the criminal history points reflected by that criminal history that have been accumulated by the defendant anytime before the sentencing occurs.

But in practice at sentencing the judge has some discretion as to how to count the criminal history points and can often deviate up or down depending on the facts and circumstances of the other state crime. Typically it is smart to not plead to any state charges before a federal sentencing unless and until there is a firm understanding with the federal prosecutor that the additional charges will not result in more federal time at sentencing on the federal charge. But sometimes the state charge may trigger federal enhancements that neither the federal judge, prosecutor nor the defense lawyer can avoid so the best practice is not to plead to state criminal charges while federal charges are also pending.

Answered 4 months ago.


Can my husband get jail time in a federal case if he's facing two felonies. But he has never had a felony before: My husband is on a federal jail.. For gun charges. He was convicted in 2003 for assault and battery on a household member. And they are holding that against him in the federal court even though it was misdemeanor

Asked 4 months ago in Federal Crime

Robert’s answer: Yes, many criminal cases in federal court result in jail time even if the offense may seem to not be aggravated.

Federal firearm and gun violations are taken very seriously by the federal government and can easily trigger a federal minimum mandatory sentence when combined with a prior record that included a domestic battery. You state that your husband has a prior domestic battery so unless he can establish that he was not actually convicted for that crime he likely is looking at the real possibility of serving time in federal prison.

Answered 4 months ago.


I was told by a police officer that my petty theft first offense charge will fall off in 2 years. Is that true?: It happend at a Wal-Mart store which was in 2013 and I paid all court costs and fees. I pleaded no contest and the case was closed. I didnt have probation. I want to go back to school and just want to make sure nothing show up on my background check.

Asked 4 months ago in Criminal Defense

Robert’s answer: Officers are not always obligated to tell the truth to defendants in our criminal justice system. When you pled no contest and the case was closed that's not the same as having the charge dismissed thru the Pretrial Intervention Program. The best way to find out what is on your record is to check with the clerk's office of the county where the petty theft occurred. You can go to the county clerk's web page online and simply put in your personal information to find out what actually happened in the case and if it's something that your school can find. Even if it is most schools are often understanding about a first offense.

Answered 4 months ago.