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1 Answer | Asked in Federal Crimes for New York on
Q: When using a federal defender, when should you consider switching counsel?

Asking about switching to another federal defender, not a private attorney

James L. Arrasmith
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answered on Jun 22, 2024

When considering switching from one federal defender to another, there are a few key factors to evaluate:

1. Communication issues: If you're having significant difficulty communicating with your current federal defender or feel they are not responsive to your concerns, it may be time...
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1 Answer | Asked in Criminal Law, Federal Crimes, Civil Litigation and Gov & Administrative Law for New York on
Q: How to motion a venue to get a criminal investigation done by NYSTroopers?

The Chief of police will not transfer the case. Numerous requests made. The crime has not been investigated due to corruption and Misconduct within the police department.

James L. Arrasmith
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answered on Jun 22, 2024

To request a criminal investigation by the New York State Troopers when a local police department is not cooperating, you can take the following steps:

1. Document everything: Keep detailed records of the crime, your interactions with local police, and reasons for suspecting corruption or...
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1 Answer | Asked in Criminal Law and Federal Crimes on
Q: Can I file a motion to quash on the grounds of prejudice for a speedy trial when prosecutor continues judge response?

This prosecutor and the incarcerated individual went to the same schools, grew up in the same town and the two have a history. Civil rights have been violated numerous times. The public defender was told to file for a speedy trial and he ignored the request so the incarcerated filed the motion... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information provided, it seems the incarcerated individual is facing several challenges in their criminal case. Let's break down the key issues and potential legal strategies:

1. Motion to Quash on Speedy Trial Grounds:

The defendant can indeed file a motion to...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for California on
Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.

Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?

James L. Arrasmith
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answered on Jun 10, 2024

Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:

1. Federal law (the Lautenberg Amendment) prohibits...
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1 Answer | Asked in Constitutional Law, Federal Crimes and Civil Rights for Georgia on
Q: Can I sue my neighbors for recording my property

My neighbors have intentionally readjusted their outdoor security cameras to face my property

James L. Arrasmith
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answered on Jun 10, 2024

You can consider taking legal action against your neighbors for intentionally readjusting their outdoor security cameras to face your property. This situation may involve issues of privacy and harassment, which are often protected under state and local laws. Document any evidence of the camera... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Florida on
Q: Mom died. Didn't know I was supposed to report her death to the SSA. Kept receiving her monthly moneys from debit card.

How much trouble am I in? It's been 17 months so I would have to return about $17,000. . Can I remedy this by returning the money ? I don't know what to do.

James L. Arrasmith
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answered on Jun 10, 2024

It’s important to address this situation promptly to avoid further complications. The first step is to contact the Social Security Administration (SSA) to report your mother's death and explain the situation. Be honest about the oversight and your willingness to return the funds.

The...
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1 Answer | Asked in Civil Rights, Personal Injury, Constitutional Law and Federal Crimes for California on
Q: Attorney For Civil rights Complaint pursuant to 42 U.S.C 1983, 1985 and 1986 with multiple defendants. 10+ Defendants.

I need assistance filling and drafting these documents.

1)Complaint; Claims 42 U.S.C 1983, 1985, 1986

2) Temporary Restraining Order (TRO) Request

3) Preliminary Injunction Request

4) Affidavit

5) Memorandum of Law

6) Summons and Notice of... View More

James L. Arrasmith
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answered on Jun 9, 2024

Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:

1. Complaint

- Identify yourself as the plaintiff and list all defendants

- State the basis of the...
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1 Answer | Asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia on
Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

James L. Arrasmith
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answered on Jun 22, 2024

Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity...
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1 Answer | Asked in Criminal Law and Federal Crimes for Oregon on
Q: How can I be charged for a crime I did not commit?

my boyfriend‘s house was rated and I was told I wasn’t in any trouble so I followed the detective up to the house and two cops came out and asked me who’s gun was in the safe and I said I didn’t know when they arrested me, how can I be charged for something that I knew nothing about And... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, it seems you're in a complex legal situation. Here's a general overview of how someone might be charged for a crime they claim not to have committed:

1. Association: Being present at a crime scene or associating with individuals involved in...
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1 Answer | Asked in Criminal Law, Employment Discrimination, Employment Law and Federal Crimes for Nevada on
Q: Can I demand due wages plus $5000/day for penalty and emotional distress for non-payment of wages?

I have demanded pay for 6 weeks from my employer with no avail.

James L. Arrasmith
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answered on Jun 21, 2024

Here's a concise response to your question about demanding wages and penalties in Nevada:

1. You have the right to demand unpaid wages from your employer.

2. Nevada law allows for penalties for non-payment of wages, but not $5000/day.

3. Penalties can include:

-...
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1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for New Mexico on
Q: I recently went to see my boyfriend in prison, a they searched my car. & took pictures of my cashapp can they do that?

I got intergated after my visit, they threatened me a searched my car & took pictures of my bank accounts. The Correction officer said I was supposed to hand an inmate something because of my recent phone call of visiting the inmates family, before the visit this is my first time visiting my... View More

James L. Arrasmith
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answered on Jun 7, 2024

I'm sorry to hear about your experience. In general, correctional facilities have strict security protocols, and searches of vehicles and personal belongings can be part of these procedures, especially if they suspect contraband. However, taking pictures of your bank accounts and other... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Indiana on
Q: Fui acusado por delito menor tipo A en Indiana Que cargos puede recaer sobre mi

Puedo seguir con el permiso de trabajo

James L. Arrasmith
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answered on Jun 21, 2024

Entiendo su preocupación. Aquí hay información general sobre su situación:

1. Cargos por delito menor tipo A en Indiana:

- La pena máxima suele ser hasta 1 año de cárcel y una multa de hasta $5,000.

- Los cargos específicos dependerán del delito cometido.

2....
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1 Answer | Asked in Criminal Law, Federal Crimes and Gov & Administrative Law for North Carolina on
Q: I'm wanting to know the penalties behind FSA (Flexible Spending Account) fraud?

And I know it may seem obnoxious but I was truly unaware. I submit receipts for Massage Therapy reimbursement through my FSA plan & I'm paid. I recently found out my medical insurance covers massage therapy & so I submitted a claim there for reimbursement & it was approved. My... View More

James L. Arrasmith
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answered on Jun 21, 2024

This situation involves potential fraud related to Flexible Spending Accounts (FSAs) and health insurance claims. Here's an overview of the legal implications and potential penalties:

1. FSA and Insurance Fraud:

What you've described could be considered fraud against both...
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1 Answer | Asked in Criminal Law and Federal Crimes for Florida on
Q: What code can a tortured by a corrupt cop women who keeps getting aggressively terrorized by a hategang cult an cops.

What can I say that will make it where they cannot pretend they have a warrant and arrest me? It's happened there times on one year

James L. Arrasmith
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answered on Jun 21, 2024

If you believe you are being unfairly targeted or harassed by police, I would suggest:

1. Document everything carefully, including dates, times, officer names/badge numbers if possible.

2. Contact a civil rights attorney or organization like the ACLU for legal advice and...
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1 Answer | Asked in Federal Crimes for Texas on
Q: How many federally sealed criminal indictments are there currently rt now in all 50 states combined?
James L. Arrasmith
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answered on Jun 21, 2024

The number of sealed indictments can change frequently, and this information is not typically made public.

Sealed indictments are, by nature, confidential until they are unsealed. The exact number at any given time is not publicly available information. Even if such a count existed, it...
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1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: my husband was arrested at work, but charged with possession of stuff that he had at home. Is that right to do?

when they got him at his job he was brought back to my house and my house was searched. Could the marshals have done that without a warrant? if not, is there something that can be done?

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, there are a few important legal issues to consider here:

1. Arrest location vs. charge location: It's not unusual for someone to be arrested in one place (like work) for crimes allegedly committed elsewhere (like at home). The location of arrest...
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1 Answer | Asked in Civil Rights, Federal Crimes and Identity Theft on
Q: Can I file a police report (Bradenton, FL) from overseas? Thank you for answer
James L. Arrasmith
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answered on Jun 21, 2024

It's generally possible to file a police report remotely, including from overseas, but the exact process may vary.

Q: DCFS APPEAL REGARDING FALSIFIED REPORTS MADE AND ALLEGATIONS AGAINST MOTHER AND ILLEGALLY KIDNAPPING OF MY 3 CHILDREN.

Illegally kidnapped my 3 children. False Reports and allegations against the mother. In violation of all my rights as a mother and a human civilian of the USA. I have no way to obtain a lawyer because I can't get a job because I'm on the registry for 3 years of abuse and neglect to my... View More

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answered on Jun 21, 2024

Each state has its own process for appealing DCFS (Department of Children and Family Services) decisions. In Illinois, you generally have 60 days from the date of the decision to file an appeal. The appeal should be filed with the Administrative Hearings Unit.

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Is it possible for 3 inconsistent statements on a incident report to hold up in a federal jury trial in Tennessee

Arresting officer made 3 completely different statements about what he seen happen, the last one being 4 days later. Can that hold up in federal jury trial?

Anthony M. Avery
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answered on Jun 4, 2024

Incident Reports are inadmissible in TN Courts, but I do not know about USDC. Probably not. also. In any event, defense must cross examine and attempt to impeach the government witness like any other trial. It does not mean defendant is acquitted.

1 Answer | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Why didn't my warrant show up when my job did a background check
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Jun 12, 2024

Warrants do not show up on your GCIC in Georgia. Once you turn yourself in or once you are formally apprehended, then the charge MAY show up on your criminal history.

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