I am on federal probation , 3 years left and got a dui. What kind of sentence am i looking at?4/16/2013 Answer: First, I'll say the obvious: You need a federal defense attorney. When someone on supervised release picks up a new state charge, there are a lot of things that need to be addressed. My colleagues point out that you could do federal time and that the guidelines will depend on a variety of factors you haven't given us. You should also know that sometimes an attorney can help you negotiate a joint disposition that lets you take care of both the state charge and the federal violation at the same time. On occasion, a state will even dismiss a charge if the defendant agrees to admit to the violation and is facing a federal probation revocation, or they may agree to a no-jail conviction depending on how much (if any) federal time is imposed. The good news is that it's your first violation so there is some hope that you would not do much time. My strong advice is to get an attorney right away or contact your prior federal defender (if you had one) and start figuring out how to deal with this immediately. Good luck!
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A family member of mine was convicted of methamphetamine distribution in court the lawyer made a " deal" with him and told him he would make sure the family member would only get 168 months so the family member blind took the offer and refused the 15-year plea agreement. The defendant argues he rejected it on the basis of his counsel's bad advice. Is there anything you can help me with here? A: Ineffective assistance in a situation like that is a complex legal matter and will require consultation with an attorney who may be able to challenge the plea through a habeas petition. You should contact a federal attorney to look into your options. Unfortunately this is one of those very complex questions that just can't be answered in an easy way!
Answer: You cannot seal or expunge a federal conviction, to my knowledge. It can be pardoned by the president but I believe that's it.
Sentenced to 4 months federal prison how much time will I have to serve? All or 85 percent?2/13/2013 Answer: You're going to have to do all of it. Only sentences that exceed 12 months benefit from the 85% time rule. It's strange, I know, but it means that a sentence of 12 months and 1 day is shorter in practice than a sentence of 12 months!
Answer: You may still be eligible for RDAP even though it was not recommended in your PSR. However, only some people are eligible for the program. The requirements are that the inmate:
1. have a documented pattern of substance abuse in the 12 months prior to arrest for which he/she is serving his/her current sentence; 2. be able to complete all three phases of RDAP, including community transition drug abuse treatment; and 3. be diagnosed by the Drug Abuse Program Psychologist as having a drug use disorder as defined by the American Psychiatric Association's Diagnostic and Statistical Manual (DSM). You should contact your counselor to ask how to request that you be allowed to participate in the program. If you qualify and you have no detainers and you are not convicted of a violent crime this program can help you to get early release. Even without this program you can earn good time credits of up to 54 days per year in federal jail (when the sentence is more than one year, as it is in your case), so you will still only have to do about 85% of the 30 months. |
AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to [email protected]. Archives
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