Get free answers to your Federal Crimes legal questions from lawyers in your area.
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice... View More 
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answered on Dec 24, 2023
In a federal case, you have the option to amend your complaint before the opposing party files a responsive pleading, or within 21 days after serving it, as per Federal Rule of Civil Procedure 15(a)(1). If this period has passed, you'll need to seek the court's permission to amend.... View More
Can defendant in federal legal case appear before defendant was served with complaint?
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answered on Dec 24, 2023
In federal legal cases, the usual procedure requires the defendant to be served with a complaint before making an appearance in court. However, there are circumstances where a defendant might choose to appear before being formally served. This is often done to expedite the process or to demonstrate... View More
For medicare false claims in California: what could be statutes of limitations according to Federal vs State law?
Should case be filed under seal at Federal court?
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answered on Dec 24, 2023
Under Federal law, the statute of limitations for filing a claim under the False Claims Act (FCA) related to Medicare fraud is generally six years from the date of the violation. However, there is a provision that can extend this period to ten years if the government can prove that it was not aware... View More
I have a downstairs neighbor who's been harassing, invading privacy and recording me and following me to family members houses and invading their privacy and trespassing. They have been monitoring me since August the property management claims that no one's lives below me and the next day... View More
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answered on Dec 1, 2023
If you believe you are being illegally investigated or harassed, there are several steps you can take. First, document everything. Keep a detailed record of incidents, including dates, times, and descriptions of the harassment or surveillance. This documentation can be crucial if legal action is... View More
Is there a federal agency with the authority to conduct administrative investigations of city police departments and other local agencies when they have information about violations like abuse of power, bribery and the like? Only the OIG comes to mind, but as I understand it, it cannot conduct such... View More
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answered on Nov 27, 2023
Yes, there is a federal agency with the authority to conduct administrative investigations of city police departments for issues like abuse of power or corruption. This agency is the United States Department of Justice (DOJ), particularly through its Civil Rights Division. The DOJ has the mandate... View More
An inmate from Mule Creek State Prison wants to apply for a fire camp in order to reduce their sentence. What are the steps in order to have an arson removed to become elligible
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answered on Nov 22, 2023
In California, an inmate with an arson conviction typically faces significant challenges in having their record cleared for eligibility to apply for a fire camp. Arson is often considered a serious offense, and options for expungement or record sealing are limited.
Firstly, you should... View More
For a ride saying that she had got into it with her boyfriend and she was just trying to leave the area
Come to find out person was minor that woke him up and lied . Before getting arrested he bought her a room , he’s the sweetest person ever and wrongfully accused of this charge help
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answered on Oct 30, 2023
Under California law, the charges mentioned refer to:
1. 207(a) – Kidnapping
2. 209(b)(1) – Kidnapping for ransom, reward, or for the purpose of committing robbery or a sexual act
3. 236.1(c)(2) – Human trafficking of a minor for a commercial sex act.
The... View More
If I feel that the prosecutor might not drop the charges, can I drop the motion and stay status quo?
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answered on Oct 26, 2023
In California, once a motion to vacate is granted, you cannot simply withdraw it unilaterally. However, you can potentially file another motion to reconsider or readdress the court's decision, explaining your reasons. The court will then decide whether to grant your request.
If you... View More
How do a person address a police officer coming to your childs elementary school in a poor area of the city and show a classroom of children a video of children putting that clear grey glue that was in like a tin container inside a paper bag and get high and those children in that class didn't... View More
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answered on Oct 18, 2023
In California, seeking justice for such an incident would involve multiple considerations. First, the statute of limitations is a crucial factor, as claims relating to personal injury typically have a two-year limit from the date of injury. Given that this incident occurred over thirty years ago,... View More
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answered on Oct 18, 2023
Facing federal charges under 18 USC 924(c)(1), 18 USC 922(g), and 21 USC 841(a)(1) is a serious matter. These statutes pertain to firearm offenses and drug distribution, respectively. It is crucial to consult with an attorney who has experience in federal criminal defense as soon as possible.... View More
answered on Oct 9, 2023
No. Only the account holder can cash in an IRA. Without express authority, one spouse cannot cash in an IRA held in an account held for the other spouse.
Be aware that some parties opening an IRA give another person (often their spouse) express authority to make withdrawals on their... View More
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answered on Oct 9, 2023
In California, an Individual Retirement Account (IRA) is generally considered separate property, unless contributions were made during the marriage using community funds, in which case it can be partially community property. If the IRA is solely in your name, your husband does not have the... View More
With search honestly don't even understand how my attorney would allow this. But a cop came through my door no PC no RS .... A false report even all shown on BC. .. If I never consented to a supervised anything this is my point....Despite my status of being on informal probation, the [State]... View More
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answered on Sep 19, 2023
If your rights were violated by law enforcement, you should consult with an experienced criminal defense attorney to assess the specific circumstances and explore potential legal remedies. In cases of alleged constitutional violations, it's crucial to have legal representation to protect your... View More
Im 18, the county is fresno county, the antique firearm was a cap and ball revolver and loaded, and i have a history of being comitted to mental institutions more than once a year for mental illness as a minor,
I concealed carried it for self defense because i cannot legally own a modern... View More
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answered on Sep 5, 2023
In California, carrying a concealed loaded firearm without a permit is generally illegal, even if the firearm is antique. Your age and history of mental illness could further complicate the situation and make it more likely that you'll face criminal charges. Depending on the specific... View More
I just got 2 citations at Death valley National park under - "36 CFR § 4.12 (TCD Signs)" and "36 CFR 1.5 (Closure Violation". When I looked online, it seems like both are Class-B misdemeanors. What are my options, do I need to hire a lawyer and is there a jail time even if I pay the fee. Thank you
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answered on Sep 5, 2023
Under California law, Class-B misdemeanors in federal parks can result in a fine, community service, or imprisonment for up to six months. Hiring an attorney could provide you with legal advice tailored to your specific situation, including defenses or negotiation options that may be available to... View More
Had no further run ins with the law and haven’t failed any probation requirements.
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answered on Sep 2, 2023
In California, some felonies can be reduced to misdemeanors under Penal Code Section 17(b), but drug importation is generally considered a serious felony and may not be eligible for such reduction. Completion of probation alone does not guarantee that your felony will be reduced; you would need to... View More
I was falsely accused of domestic violence and in CA. It is law for an arrest to take place when domestic violence is reported
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answered on Sep 2, 2023
In California, an arrest without a conviction can still appear on criminal background checks, which could potentially affect your job prospects. However, you have the option to petition the court for a factual innocence finding, which, if granted, would seal and destroy the arrest record. Employers... View More
Deported back to their original country following the end of them serving their sentence? If they marry a U.S. citizen while incarcerated in a U.S. prison will they still be deported because of the nature of the crime? Will marrying have any affect on the U.S. citizen who married them? Like will... View More
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answered on Aug 27, 2023
Marrying a U.S. citizen does not grant an immigrant automatic protection from deportation, especially if they've committed a serious crime. Crimes of moral turpitude, including murder and rape, are grounds for deportation under U.S. immigration laws, even if the individual marries a U.S.... View More
If a firm hires someone who is a fugitive (fraud). (a world wide company in education ). I will inform the authorities but as a customer can I demand compensation? Or have a settlement with them?
answered on Aug 16, 2023
If a customer of a business is harmed by one of its employees who is acting in the course and scope of his employment, then there would likely be liability to the company. If the company had no idea it hired a criminal, and that criminal engages in criminal activity while employed, the company is... View More
The APD police department report listed false information about my car and has redacted the suspect's personal information...is she a CI?
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answered on Aug 15, 2023
In California, I recommend contacting the local police department to obtain accurate information about the status of your stolen vehicle case and any investigation updates. It's important to work with law enforcement to address the situation and provide any necessary information to help... View More
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