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Federal Crimes Questions & Answers
1 Answer | Asked in Federal Crimes for Florida on
Q: Please see below

The prison releasee reoffender (PRR) act was revived and readopted as official state law on may 5, 2000, as encacted in session law for chapter 2000-246, section 3 laws of Florida.

The Florida Legislature scheduled the enactment of the PRR act to become effective as law on October 1, 2000.... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Feb 11, 2025

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

2 Answers | Asked in Bankruptcy, Constitutional Law, Federal Crimes and Military Law for Florida on
Q: This will be a three part question? Just need clarification 1. The Officer issuing the summons is an executive branch

Officer and cannot “prosecute” an alleged violation as a juridical officer of the court as well. Is this not a violation of the constitutional separation of powers?

2. Why is the prosecutor statements and evidence being allowed as facts in the courts by their fellow bar member judges?... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2025

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...
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2 Answers | Asked in Criminal Law, Employment Law and Federal Crimes for New York on
Q: My employer is trying to prove I committed fraud, what are my options?

L

Stephen Bilkis
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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...
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1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Q: Criminal Law. So there is 12 ppl on a federal indictment and every one except one person is taking a plea but one person

Who has the most charges on the indictment, trafficking cocaine, meth and other illegal drugs plus money laundering is going in front of the jury is that the best thing to do?

Anthony M. Avery
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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

2 Answers | Asked in Tax Law, Civil Litigation, Civil Rights and Federal Crimes for California on
Q: What area of practice should i search for a lawyer to help recover $25,000+ in over garnished funds?

In 2013 the tax authority began garnishing my paycheck for ‘unpaid income taxes’ that were paid by check TWICE. They continued through 2015, stopping at just over $25,000.

I called them and they stated that they have no record that i even filed for those years. They said dont worry... View More

Louis George Fazzi
Louis George Fazzi
answered on Jan 17, 2025

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...
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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: So my fiancé was pull over in camden county last year in November 19 2024. He went to court they denied his first bond.

These are his changes. Improper Lane Change/Failure to Maintain Lane

Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine. I wanna know what they gonna do like he need a lawyer bad to help us

Glenn T. Stern
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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

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2 Answers | Asked in Criminal Law and Federal Crimes for Georgia on
Q: Can you get a bond with a felony? What happens if you already out on a first offender misdemeanor bond and get a felony?

First misdemeanor marijuana charge and the felony charge is a pill.

Glenn T. Stern
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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

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2 Answers | Asked in Divorce, Child Custody and Federal Crimes for Texas on
Q: I've been paying medical benefits for my daughter since he's been born can my wife take her away from me? 10years

I'm 5% Bantu and 1% indigenous Americas Maya Indian. My daughter is the same as me. My wife is trying to claim my inheritance. I'm Americas Chief and Bantu royalty which should be acknowledged as king of Africa. Daughter can't separate from chief.

John Michael Frick
John Michael Frick
answered on Jan 6, 2025

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

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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: charged with a felony after 180 days does the 6th amendment apply?
John Michael Frick
John Michael Frick
answered on Dec 30, 2024

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.

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2 Answers | Asked in Legal Malpractice, Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: I’m not sure what to do here —- is this medical malpractice and I sue the physician? Or is this an emtala violation?

Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More

Eliza Jasinska
Eliza Jasinska
answered on Dec 13, 2024

This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More

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2 Answers | Asked in Tax Law and Federal Crimes for California on
Q: My employer gave me two different 1099 one with the wrong ss # and decided to file my taxes without my permission

They filled my taxes without my permission as a business owner who lost $108

Robert Weinstein
Robert Weinstein
answered on Dec 6, 2024

You have a few issues here. First, and maybe most important is it's generally illegal to sign another's original tax return without proper authorization. You may wish to contact the IRS and the identity theft department regarding another filing your tax return, or speak to an attorney... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for New York on
Q: Hello. My sister has my SSN and is threatening to use it to file a false report of ID theft against me

She has sent the threat to me in the form of a WhatsApp Note a few days ago. I am not entirely sure but I THINK her threat is in response to an email that zi had sent to OIG, concerning my sister withholding my mother's SSA payments since 2016.

Stephen Bilkis
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answered on Nov 30, 2024

I'm sorry to hear about the stressful situation you're experiencing with your sister. Dealing with family conflicts involving threats and potential misuse of personal information can be very challenging. I hope the following information helps clarify your options.

Disclaimer: This...
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2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: My husband was charged with conspiracy with the intent to distribute large amounts of cocaine and fentanyl last oct

(2023) he was released on pre-trial but in Feb he was picked up for failure to report he's been there since it's now almost Dec 2024 no court date was told to him by lawyer and no offer's have been made yet

what is going on

It's a federal case

Michael J Stachowski
Michael J Stachowski pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2024

I have worked on many Federal Drug conspiracy cases They often take 3 or more years to get to trial. Often the delay is intentional on the part of the Government especially with detained defendants. This is done in order to get defendants to proffer and assist in prosecuting those most... View More

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2 Answers | Asked in Criminal Law and Federal Crimes for New York on
Q: My husband was charged with conspiracy with the intent to distribute large amounts of cocaine and fentanyl last oct

(2023) he was released on pre-trial but in Feb he was picked up for failure to report he's been there since it's now almost Dec 2024 no court date was told to him by lawyer and no offer's have been made yet

what is going on

It's a federal case

Stephen Bilkis
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Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2024

I'm sorry to hear about the difficult situation your husband is facing. Dealing with federal charges and prolonged detention without clear information can be incredibly stressful. I hope the following information helps clarify what's happening.

Disclaimer: This response is for...
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1 Answer | Asked in Constitutional Law, Criminal Law, Federal Crimes and Juvenile Law for Tennessee on
Q: What happens to someone that makes a false police report and get a Innocent person that’s already on after care arrested

The after care is a requirement for the juvenile to be at home

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Nov 28, 2024

Believe it or not, this happens all the time. Typically, the scenario is this. Someone abuses or threatens another person. Usually, it is a spouse or boyfriend or girlfriend. The person who did the abuse gets scared and calls the police and tells them that they were abused. This can be tough... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: I have evidence of coerced and falsified documents from a probation officer/judge and misconduct/bias/prejudice

Also a pretexual traffic stop/unlawful stop/premidated conspired set up.

What can I do about that?

John Michael Frick
John Michael Frick
answered on Nov 25, 2024

You should tell your criminal defense attorney. Evidence obtained during your traffic stop could be excluded if you can show that the stop was unlawful and pretextual. But you need to raise this complaint properly in a pretrial motion or objection at the time of your trial, or you could waive... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Small Claims for Texas on
Q: Can I call the cops on someone for throwing my things away from their house without letting me know? Is it theft?

My uncle had a room in his house that I was going to move into, but after I got my belongings in there he changed his mind but let me keep my things there for safe keeping and free storage. They moved to San Antonio and didn't tell me they discarded my things until after the fact.

John Michael Frick
John Michael Frick
answered on Nov 15, 2024

There are not enough facts to answer your question. It would be important to know whether there was any written agreement between you and your uncle. It would be important to know how long your things were at your uncle's house. It would be important to know how often you went to your... View More

2 Answers | Asked in Criminal Law, Estate Planning, Federal Crimes and Stockbroker Fraud for California on
Q: I urgently need help w. fraud forgery & mismanagement of a Trust affecting my rights trustees accountable?

I am dealing with potential forgery, fraud, and mismanagement of a Trust established for myself in which I am categorized under a ‘Special Needs Trust’ that does not reflect my circumstances. There's discrepancies; absence of my signature, false info, multiple drafts, fraud and complete... View More

Julie King
Julie King
answered on Nov 15, 2024

Few lawyers want to take on a client who has already met with a number of lawyers, all of whom passed on the case. Lawyers would likely assume all of the attorneys who reviewed the case saw something they didn’t like, so why would my review of it be any different? Meeting with a lot of attorneys... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Minnesota on
Q: I'm being accused of arson. I was signed in at a county library and my public defender said they weren't about to verify

Im being accused of arson. the exact time this allegedly occurred (which mind you-building is still there) I was signed in @ a county library & logged in on one of their computers. Directly before & after library I was @ adjacent building the county community action building meeting w/ a... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Nov 14, 2024

Arson doesn’t require that you entirely burn down a building. Arson is intentionally setting the building on fire. Whether it burns down or not is immaterial.

The cops aren’t generally going to track down and verify every alleged alibi that a suspect tells them about. I’m not sure...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Construction Law and Federal Crimes for Florida on
Q: is it unconstitutional to be arrested 30 yrs after a crime that you have already plead to and done your time?

My fiance was in his last year of high school and had sexual contact with the schoolmate who was 15 more than once it was sentenced to 5 years to register on the sexual registry for two counts of sexual contact with a minor but law was revised after he was sentenced and made him a lifer he lives in... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 13, 2024

There's a bad news opinion about that issue from the US Supreme Court, but to be certain, your fiance must consult a criminal defense attorney who handles sex offender cases. In the 2003 Supreme Court case Smith v. Doe, a retroactive state statute on registration requirements was challenged... View More

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