Preparing a legal motion or advisory for another person to file in federal court constitutes the practice of law. Unless you are an attorney, your role needs to be limited to typing and proofreading what your relative has written. Otherwise, you may be guilty of the unauthorized practice of law.

Under New Mexico Statute § 30-31-27.1, certain individuals are granted limited immunity from prosecution for possession or use of controlled substances if the evidence was obtained as a result of seeking medical help during an overdose situation. The intent of the statute is to encourage people to... View More

Hosting malware, in and of itself, would not lead directly to legal issues. However, if someone downloads malware you host and uses it to harm someone you could face accomplice charges under the CFAA for your assistance with making code available.

It is a fundamentally bad idea to give... View More

When a felony warrant is issued, the State issuing the warrant, in this case Idaho, would specify as to whether it is extraditable or not.

This means that if any other State comes into contact with that person who the warrant is for, they must hold that person to answer to the warrant.... View More

Michael J. McConnell Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2025

Based on the facts described, there are very serious ethical and legal issues involved here. Generally in these situations the defendant needs to retain truly independent counsel immediately to protect their interests. An associate being "coached" behind the scenes by an attorney... View More

Your father needs to hire an attorney licensed to practice before the Fifth Circuit who handles criminal appeals. That attorney will evaluate the procedural facts to determine whether his appeal was timely. Your father has 14 days to file a petition for panel rehearing from the date of entry of... View More

As the other lawyer said you should be fine, however you need to take care if you ever travel with the device that you used when you saw this content. When crossing a border, authorities can demand to search your device, and if you refuse, they can retain it or bar you from crossing. When searching... View More

Niles S. Illich Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2025

There are few good answers. The best try is a commutation. He can start with this form: https://www.justice.gov/pardon/apply-clemency

There is something in the First Step Act but that hasn't been helpful to people like your father.

Most of the writs are out of time and... View More

John Cucci Jr. Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2025

Sorry to hear about your issues.

There are a few ways to push the different agencies to get moving on your case(s).

Writing letters is weak unfortunately. Sending a demand for action or and Investigation, is a bit more powerful, but you will need the exact names of all involved.... View More

To pursue charges against the officers for being accessories after the fact under California Penal Code Section 32, it must be demonstrated that they knowingly and intentionally aided, harbored, or concealed the suspect with the specific intent to prevent their arrest, trial, conviction, or... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2025

It is possible that your firearm disability in TN is removed. But since the conviction is not expunged, anytime you are accosted by LEOs, with a firearm, you will be at least detained if not arrested. There are also age requirements involved, and possibly some other incident in your life may... View More

The maximum sentence at the time of offense controls. Since PRR does not increase the maximum sentence, the maximum sentence was probably life. However, the PRR classification created a mandatory minimum sentence of life. Your defendant may be entitled to a motion to correct sentencing error,... View More

Adam Kocaj Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2025

If you are facing harassment, discrimination, or threats, you may have legal options under elder abuse laws, disability protections, and civil rights laws. You may be able to file a restraining order, report the issue to law enforcement, or pursue legal action. If this involves financial... View More

1) Actually, the clerk of court (an officer of the judicial branch) issues a summons at the request of a party to a case, or that party's attorney.

2) Attorneys request judges to admit evidence and thus consider it in making decisions. A judge and the attorneys practicing before such... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2025

I'm sorry to hear that your employer is accusing you of fraud. Allegations of fraud in the workplace can have serious legal and professional consequences, so it is important to understand your rights and options.

In New York, fraud is generally defined as intentionally deceiving... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 23, 2025

Noone can know what is the best voluntary disposition without being his lawyer and investigating his Case. Defendant and his lawyer need to investigate the disclosed facts, examine witnesses and prepare for trial. The lawyer should also examine the possible federal Sentences involved. Then... View More

Look for a tax lawyer who is also a CPA. You may also need to work with a good civil rights lawyer, if you can't find a law firm which has both.

However, I should warn you that the statute of limitations has probably already expired, because you say that the garnishments ended in... View More

Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

He did not get a bond because of the trafficking charge. Magistrate courts are not authorized to give a bond for someone charged with trafficking because only a Superior court can issue a bond on those cases. Practically speaking, a bond motion that needs to be filed on his behalf and then... View More

Glenn T. Stern Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

Sure-under those circumstances you "can" get a bond. There's nothing in the law that says the court cannot give you a bond under those circumstances. However, if the prosecutor/court knows or finds out that you picked up a new felony charge while out on misdemeanor probation, they... View More

In a divorce proceeding, joint managing conservatorship is presumed to be in the best interest of the child; however, the Court can award sole managing conservatorship to either parent. The Court will base its decision on the "best interests of the child" legal standard. Ethnicity and... View More