Federal Criminal Defense Legal Questions

It seems like there could be a statute of limitations issue. But you can be charged in both state and federal court, depending n the circumstances. You should contat an attorney to discuss this situation in depth. A simple online question and answer is not the best way of getting useful information or guidance.... Read More

Probation is not in lieu of jail, or jail in lieu of probation. Oftentimes there will be a period of incarceration with a longer period of jail to keep the defendant under the supervision of the court. For your friends charge, a months-long period of jail followed by a lengthier period of probation is not uncommon. It might be possible to have the sentence modified, but no guarantees.... Read More

Federal and state time will not generally run concurrent. However, the Judge on the most recent sentence can have them run concurrent, at their discretion.  Unfortunately, once you have been sentenced, the decision is final - whether the judge elected for the new sentence to run concurrent or consecutive. ... Read More

OK there Are a lot of scams going on around the world like the one that you have been ensnared in. There is no girl, there is no FBI agent, and there won't be any police investigation. This is a total scam. Don't communicate with the "alleged" female anymore, or return any more phone calls or emails. Just completely ignore them and they'll go away.... Read More

Relax, it is a scam. The federal government NEVER places such calls. The best thing you can do is ignore them, just hang up. However, if you have a few minutes, you can have fun, pretend you are terrified and will do "anything" to get out of this terrible jam. Then spend as much time as you can tying them up and never giving them your social, birthday, address or credit card number. Why would you do this? Because every moment they are talking to you, they are not hurting some innocent who doesn't know better.  Tell they they are very well informed you just won the powerball for $27 million.  Sometimes I ask them if they believe in G-d. Then I ask them how He would feel about them lying and stealing all day. Just remember, if you talk to them, no information, drag out looking for your wallet but NEVER give them actual personal info. Be safe out there!  ... Read More

Generally speaking people on suopervidsed release cannoit associate with each other. However, your istuation present a rather unique set of circumstances. Generally speaking conditiins of suoervised release can be wiaved or altered upon application to the court. Sometimes your probation officer will apply to the court on your behalf for relief but it is usually better to have a lawyeer help you. I have over forty years of experience in caseslike your and am sure I can help you. Please callme tommorrow at 215 421-8034. The consultation is free   Barnaby Wittels... Read More

Givent hat seven yers have passed he may ony have one option and that is to seek a communtation of his sentence. However, there may be other options depending on when his case was last in court. I don't have enojgh informatin from you to discuss those ootons so please give me a call tomorrow at 215 421-8034.   Barnaby Wittels... Read More

In rare occasions they do.  If the defendant is looking at 180 months, the presumption is that he/she should be taken into custody after the change of plea hearing or guilty verdict at trial.  18 U.S.C. Section 3142.  However, if the defendant has done a good job while on pretrial release, adhering to the rules set for him/her by the Court, the presumption of detention pending sentencing can be overcome.  It is a tough argument to make because a 180 month sentence, in the eyes of the Government and the Court, provides strong incentive to flee the jurisdiction.  This is particularly true if the defendant is facing deportation after release from custody.  I recently kept an individual out of custody on a presumptive detain citing good work history on pretrial release, adherence to the rules of his halfway house and COVID concerns in the jail.  I had a good AUSA though.  It helps if they don't push back too hard.... Read More

I practice in Minnesota so I am not familiar with how things are done in your jurisdiction.  Your question is probably better directed to a local criminal defense attorney.  Most defense attorneys will give you a free initial consultation during which time he or she can tell you what needs to be done and if they can help you.  Here in the frozen wasteland, if your bf did not have an extensive criminal history, prompt payment of restitution may result in a prosecutor treating the case as a lesser charge.  A good attorney should be able to engage in those kinds of negotiations for you.  Here, the level of offense is determined by the sentence that is imposed.  If he has already been convicted and reduction to a misdemeanor after payment of restitution wasn't in a plea agreemnet, the only remedy may be expungement.... Read More

I can help.  Please check out my web site, www.erkanlaw.com.  My firm has a vast amount of experience in criminal defense, and federal criminal defense in particular. Alternatively, there are a few other reputable attorneys with strong backgrounds in this area, which you may find on the lawyers.com platform or by conducting careful google searches.  More importantly, you may find word-of-mouth referrals to be most reliable. Best of luck during this difficult time. Sincerely, Murat... Read More

Federal criminal cases are different from state charges in that there is no system of bail or bail bonds in federal cases. Generally, with state offenses, you get arrested and then a judge sets an amount for your bond. Once you post bail, you are free to go. There is no such system in federal cases. Instead, 18 U.S.C. § 3142 provides that pretrial release must be available unless there is: (1) a risk that the defendant will not appear for future hearings, or (2) a risk that the defendant will commit additional crimes.  If either factor is present, then the judge must consider whether some combination of release conditions (execute a bond, be under the supervision of a third-party custodian, such as a family member, travel restrictions, GPS monitoring, etc.) will sufficiently mitigate the risk, so that there is a reasonable assurance the defendant will appear for future hearings and will not be a danger to the community. The prosecutor usually has the burden of proof at a detention hearing, and unless the prosecutor meets that burden, the defendant is entitled to pretrial release. However, in some cases involving serious drug charges, the law imposes a rebuttable presumption against release. This means that the defendant must produce some evidence showing that he is neither a flight risk nor a danger to the community. That is why it is very important to determine the specifics of your brother’s charge. In particular, the amount of methamphetamines he is alleged to have been in possession of. If there is no quantity of methamphetamine specified, there is no mandatory minimum sentence, while the maximum sentence is 20 years. If there are 5 grams or more of a substance containing methamphetamine, there is a mandatory minimum sentence of 5 years and a maximum sentence of 40 years. If there are 50 or more grams of a substance containing methamphetamine, there is a mandatory minimum sentence of 10 years and a maximum sentence of life in prison. Pretrial release is an important consideration in my firm’s practice. In many federal criminal cases, the time between arrest and trial may be many months, if not years. We do not want our clients to languish in jail during this lengthy waiting period. Furthermore, it is easier for us to meet with and represent someone who is on a pretrial release. If you would like to speak to me further regarding your brother’s pretrial release prospects, please feel free to call my office at (337)237-0492 to set up a free consultation.... Read More