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What Is Federal Jurisdiction
- October 13, 2025
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What Is Federal Jurisdiction Federal jurisdiction exists when: crime violates federal statute (enacted by Congress), crime occurs on federal property (military bases, national parks, federal buildings), crime affects interstate commerce, crime involves federal government or officials, or defendant crosses state lines during offense. Federal government has limited jurisdiction – most…
Read MoreCan Federal Charges Be Reduced To State
- October 13, 2025
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Can Federal Charges Be Reduced To State Rarely. Federal and state are separate sovereigns with independent jurisdiction. If conduct violates both federal and state law, prosecutors decide which system prosecutes. Federal prosecutors sometimes decline and refer to state prosecution (typically for less serious offenses federal prosecutors don’t prioritize). But once…
Read MoreWhat Are My Rights In Federal Case
- October 13, 2025
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What Are My Rights In Federal Case Constitutional rights include: Fifth Amendment right to remain silent and not incriminate yourself, Sixth Amendment right to counsel at all critical stages, Fourth Amendment protection against unreasonable searches/seizures, right to trial by jury, right to confront witnesses, presumption of innocence, right to appeal,…
Read MoreCan I Record FBI Agents
- October 13, 2025
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Can I Record FBI Agents Depends on your state’s recording laws. Federal law allows recording conversations you’re party to (one-party consent). Some states require all-party consent. Recording FBI agents during voluntary interviews is legal under federal law but may complicate interaction. Agents typically don’t consent to recordings and may terminate…
Read MoreDo I Have To Answer Federal Agents Questions
- October 13, 2025
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Do I Have To Answer Federal Agents Questions No – you have no obligation to answer federal agents’ questions during voluntary interviews. Fifth Amendment protects you from self-incrimination. Sixth Amendment provides right to counsel. When agents approach for voluntary interview, you can: decline to speak, request attorney, terminate interview at…
Read MoreWhat Is Habeas Corpus Federal
- October 13, 2025
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What Is Habeas Corpus Federal Habeas corpus (Latin ‘you have the body’) challenges legality of detention. Federal habeas petitions (28 U.S.C. § 2254 for state prisoners, § 2255 for federal prisoners) claim constitutional violations warrant release or resentencing. Grounds include ineffective assistance, illegal sentence, constitutional errors. § 2255 motions must…
Read MoreWhat Are Grounds For Federal Appeal
- October 13, 2025
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What Are Grounds For Federal Appeal Appellable grounds include: sufficiency of evidence (whether any reasonable jury could convict on evidence presented), erroneous jury instructions, improper admission/exclusion of evidence, prosecutorial misconduct, judicial errors during trial, sentencing errors (incorrect guideline calculations, procedural errors, substantive unreasonableness), constitutional violations (ineffective counsel, unlawful search, Fifth…
Read MoreHow To Appeal Federal Conviction
- October 13, 2025
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How To Appeal Federal Conviction File notice of appeal within 14 days of judgment. Appellate attorney (ideally different from trial counsel) reviews record, identifies appealable issues (legal errors, constitutional violations, sentencing errors), files appellate brief arguing errors warrant reversal. Government files response brief. Oral argument may be scheduled. Circuit Court…
Read MoreFederal Appeal How Long Do I Have
- October 13, 2025
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Federal Appeal How Long Do I Have 14 days from entry of judgment to file notice of appeal in federal district court. This deadline is jurisdictional and strictly enforced – missing it waives appeal rights. Notice of appeal is brief document stating you’re appealing. Detailed appellate brief comes later (typically…
Read MoreCan Federal Convictions Be Expunged
- October 13, 2025
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Can Federal Convictions Be Expunged No – federal convictions generally cannot be expunged. Federal law doesn’t provide expungement for convictions. Options: pardon from President (rare, discretionary), 2255 motion to vacate conviction if constitutional violations, sealing under First Step Act for marijuana possession convictions (limited). Convictions remain on record permanently. Some…
Read MoreHow Does Federal Prison Work
- October 13, 2025
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How Does Federal Prison Work Federal prison involves: daily counts, work assignments, educational programs, recreation, commissary, mail/phone privileges, visitation. Inmates assigned to work details (kitchen, landscaping, maintenance) or education/training programs. Rules are strict – violations result in disciplinary action, loss of good time, or transfer to higher security. Programs include…
Read MoreWhat Is Halfway House Federal
- October 13, 2025
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What Is Halfway House Federal Federal halfway house (Residential Reentry Center or RRC) is transitional facility where inmates spend final months of sentence before release. RRCs provide structure while allowing work release, job searching, family reunification. Most inmates spend 3-12 months in halfway house before release. First Step Act expanded…
Read MoreFederal Prison Camp What Is It
- October 13, 2025
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Federal Prison Camp What Is It Federal prison camps are minimum security facilities with no fences or armed guards. Camp inmates live in dormitories, have more freedom of movement, access to programs and recreation. Designated for non-violent offenders with short sentences (typically under 10 years) and minimal criminal history. Famous…
Read MoreHow To Find Someone In Federal Custody
- October 13, 2025
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How To Find Someone In Federal Custody Find federal inmates using BOP’s online inmate locator at bop.gov/inmateloc – search by name or register number. Locator shows current location, release date, age. For inmates in pretrial detention, check U.S. Marshals Service or local jails contracting with federal government. For recently arrested…
Read MoreWhere Do Federal Inmates Go
- October 13, 2025
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Where Do Federal Inmates Go Federal inmates are designated to Bureau of Prisons facilities nationwide: camps (minimum security, no fences), low security (dormitories, fences), medium security (cells, walls), high security/penitentiaries (cells, high walls, serious offenders), administrative facilities (special needs, pre-trial detention). BOP determines facility based on: sentence length, criminal history,…
Read MoreFederal Cooperation Agreement
- October 13, 2025
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Federal Cooperation Agreement Federal cooperation agreement is written contract between you and government specifying: what information/testimony you must provide, what charges government will bring (typically reduced charges or dismissals), what sentencing benefits you’ll receive (5K1.1 motion, specific recommendations), consequences of breach (agreement voided, additional charges possible). Cooperation agreements require full…
Read MoreWhat Is 5K1.1 Motion
- October 13, 2025
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What Is 5K1.1 Motion 5K1.1 motion is government motion filed under U.S.S.G. § 5K1.1 requesting downward departure from guidelines for defendants who provided substantial assistance. Only government can file 5K1.1 – court cannot depart for substantial assistance without government motion. Motion allows sentencing below guideline range and below mandatory minimums….
Read MoreWhat Is Cooperating Witness
- October 13, 2025
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What Is Cooperating Witness Cooperating witness is person who provides information and testimony to government about others’ crimes in exchange for leniency: reduced charges, sentence reductions, immunity. Cooperators typically are co-defendants or participants in schemes who agree to testify against others. Government relies heavily on cooperators to prosecute conspiracies and…
Read MoreCan Feds Use What I Say Against Me
- October 13, 2025
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Can Feds Use What I Say Against Me Yes – anything you voluntarily tell federal agents can be used against you. This includes statements during knock-and-talk interviews, phone conversations, recorded meetings. Exceptions: statements made under immunity agreement, statements excluded due to Miranda violations if you were in custody, statements in…
Read MoreWhat Is Immunity From Prosecution
- October 13, 2025
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What Is Immunity From Prosecution Immunity prevents prosecution in exchange for testimony. Use immunity (most common) prohibits using your statements or derivative evidence against you, but allows prosecution based on independent evidence. Transactional immunity completely bars prosecution for offenses related to testimony. Immunity typically granted when government needs testimony from…
Read MoreWhat Is Proffer Agreement
- October 13, 2025
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What Is Proffer Agreement Proffer agreement (aka queen-for-a-day agreement) allows you to meet with prosecutors to discuss what information you can provide without statements being used against you directly. Standard proffers allow use of statements for impeachment if you testify inconsistently at trial, and allow government to use leads derived…
Read MoreShould I Take A Federal Plea Deal
- October 13, 2025
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Should I Take A Federal Plea Deal Deciding whether to accept federal plea deal requires evaluating: strength of government’s evidence, likely sentence after trial vs. plea, value of concessions offered, your trial prospects, cooperation requirements, collateral consequences. Federal conviction rates exceed 90% at trial – but some cases should be…
Read MoreFederal Plea Deal How Does It Work
- October 13, 2025
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Federal Plea Deal How Does It Work Federal plea agreements are contracts where you plead guilty in exchange for government concessions: charge reductions, dismissal of counts, sentencing recommendations, cooperation credit, or agreement not to file additional charges. Types: C agreements bind judge to specific sentence, B agreements include sentencing recommendations…
Read MoreWhat Happens If You Cooperate With Feds
- October 13, 2025
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What Happens If You Cooperate With Feds Cooperating with federal government involves: proffer sessions where you provide information, debriefings with agents about crimes and co-conspirators, providing documents and evidence, testifying before grand jury or at trial. Cooperation agreements specify obligations and benefits: what information you must provide, charges government will…
Read MoreShould I Cooperate With Federal Investigation
- October 13, 2025
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Should I Cooperate With Federal Investigation Cooperation decision requires careful analysis: are you target or witness? What’s your exposure? What can you offer? Cooperation can result in immunity, reduced charges, or substantial sentence reductions. But cooperation carries risks: providing evidence against yourself, committing to testimony, safety concerns. Never cooperate without…
Read MoreWhat Is Compassionate Release Federal
- October 13, 2025
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What Is Compassionate Release Federal Compassionate release (18 U.S.C. § 3582(c)(1)(A)) allows early prison release for extraordinary and compelling reasons: terminal illness, serious medical conditions, age 65+ with serious deterioration, family circumstances (death/incapacitation of caregiver for minor children). First Step Act expanded eligibility. Must exhaust BOP administrative remedies first, then…
Read MoreFederal Sentence Reduction For Cooperation
- October 13, 2025
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Federal Sentence Reduction For Cooperation Cooperation with federal government can reduce sentences through: downward departure at sentencing via 5K1.1 motion (government must file), sentence reduction after sentencing via Rule 35 (for ongoing cooperation), safety valve qualification requiring cooperation, substantial assistance credit. Reductions range from levels to decades depending on value…
Read MoreWhat Is Substantial Assistance Motion
- October 13, 2025
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What Is Substantial Assistance Motion Substantial assistance motion (5K1.1 or Rule 35) filed by government allows court to sentence below guideline range or mandatory minimum in exchange for your cooperation providing substantial assistance in prosecuting others. Must provide information, testimony, or assistance government considers valuable. Motion is discretionary – government…
Read MoreWhat Is 2255 Motion
- October 13, 2025
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What Is 2255 Motion 28 U.S.C. § 2255 motion challenges federal conviction or sentence based on constitutional violations, jurisdictional defects, or errors of law. Filed in sentencing court typically within 1 year of conviction becoming final. Grounds include ineffective assistance of counsel, illegal sentence, prosecutorial misconduct. If successful, conviction can…
Read MoreWhat Is Rule 35 Motion
- October 13, 2025
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What Is Rule 35 Motion Rule 35(b) allows government to file motion for sentence reduction based on substantial assistance you provide after sentencing. No time limit if cooperation is ongoing, but typically filed within year. Court can reduce sentence to time served or any amount if assistance was substantial. Used…
Read MoreCan Federal Sentences Be Reduced
- October 13, 2025
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Can Federal Sentences Be Reduced Federal sentences can be reduced post-sentencing through: Rule 35 motion for substantial assistance within 1 year, 2255 motion for constitutional/legal errors (no time limit but procedural bars), compassionate release for extraordinary circumstances, First Step Act reductions for certain drug offenses, resentencing if guideline used was…
Read MoreIs There Parole In Federal Prison
- October 13, 2025
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Is There Parole In Federal Prison No parole in federal system for offenses after November 1, 1987. Sentencing Reform Act abolished parole. You serve approximately 85% of sentence with good time credit. Only releases are: completion of sentence minus good time, compassionate release for extraordinary circumstances, or sentence reduction through…
Read MoreFederal Good Time Credit
- October 13, 2025
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Federal Good Time Credit Federal good time credit reduces prison sentence by up to 54 days per year served (maximum 15% reduction overall). Automatically applied if you don’t commit disciplinary infractions. First Step Act expanded good time and allows earlier earning. Calculate actual release: multiply sentence years by 0.85. Good…
Read MoreHow Much Time Do You Serve On Federal Sentence
- October 13, 2025
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How Much Time Do You Serve On Federal Sentence Federal inmates serve approximately 85% of sentence. 54 days good time credit per year reduces sentence by 47 days annually (about 15%). No parole in federal system since 1987. After prison, mandatory supervised release period (2-5 years typically). Total time in…
Read MoreWhat Is Safety Valve Federal Sentencing
- October 13, 2025
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What Is Safety Valve Federal Sentencing Safety valve (18 U.S.C. § 3553(f)) allows first-time drug defendants to avoid mandatory minimums if: (1) no more than 1 criminal history point, (2) no violence/weapon, (3) not organizer/leader, (4) truthfully provided all information to government. Saves 5-10 years for qualifying defendants. Must provide…
Read MoreWhat Is 851 Enhancement
- October 13, 2025
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What Is 851 Enhancement 851 enhancement doubles or triples mandatory minimum sentences for drug offenses if you have prior drug felony. Prosecutors must file 851 information notice before trial/plea. First prior: doubles minimum (10 to 20 years). Second prior: triples or life. Defense strategies include challenging prior convictions, negotiating withdrawal…
Read MoreFederal Drug Mandatory Minimums
- October 13, 2025
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Federal Drug Mandatory Minimums Federal drug crimes carry mandatory minimum sentences based on drug type and quantity: 5 years for 5kg cocaine/28g crack/50g meth, 10 years for 50kg cocaine/280g crack/500g meth. Enhanced penalties for prior convictions. Safety valve exception allows avoiding minimum if you meet criteria: no violence, minimal criminal…
Read MoreMandatory Minimum Sentences Federal
- October 13, 2025
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Mandatory Minimum Sentences Federal You’re facing federal charges with mandatory minimum sentence – required minimum prison term judge must impose regardless of circumstances. Mandatory minimums eliminate judicial discretion for certain offenses: drug trafficking (5, 10, 20 years or life depending on drug type and quantity), firearms offenses (5, 7, 10,…
Read MoreHow Are Federal Sentences Calculated
- October 13, 2025
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How Are Federal Sentences Calculated Federal sentences are calculated using U.S. Sentencing Guidelines that create mathematical formula determining recommended prison time. Process: (1) Determine base offense level for your crime from guidelines manual, (2) Add or subtract levels for specific offense characteristics, (3) Apply adjustments for role and obstruction, (4)…
Read MoreFederal Sentencing Guidelines Explained
- October 13, 2025
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Federal Sentencing Guidelines Explained Federal court sentenced you using Sentencing Guidelines and you want to understand how they work. U.S. Sentencing Guidelines are complex rules calculating recommended prison sentences for federal crimes. Guidelines create grid: offense levels (1-43) on vertical axis, criminal history categories (I-VI) on horizontal axis. Intersection determines…
Read MoreWhat Is Supervised Release Federal
- October 13, 2025
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What Is Supervised Release Federal You completed federal prison sentence and now face supervised release – mandatory probation-like supervision period. Federal supervised release is court-ordered supervision that begins after you complete prison term. Nearly all federal sentences include supervised release (typically 2-5 years), with conditions similar to probation: regular check-ins…
Read MoreCan You Get Probation For Federal Charges
- October 13, 2025
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Can You Get Probation For Federal Charges You’re facing federal charges and wondering whether you can get probation instead of prison. The answer depends on your offense, criminal history, and guidelines. Probation-only sentences are rare in federal court – only about 10% of federal defendants receive probation without prison time….
Read MoreWhat Is Acceptance Of Responsibility Federal
- October 13, 2025
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What Is Acceptance Of Responsibility Federal Acceptance of responsibility is sentencing guideline reduction under U.S.S.G. § 3E1.1 that reduces your offense level by 2-3 levels if you clearly demonstrate acceptance of responsibility for your offense. This reduction can save months or years in prison. Most defendants receive 2-level reduction. Defendants…
Read MoreWhat Is PSR In Federal Court
- October 13, 2025
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What Is PSR In Federal Court PSR means Presentence Report (or Presentence Investigation Report) – comprehensive document U.S. Probation Office prepares investigating defendant’s background and recommending sentence to judge. PSR is prepared after conviction or guilty plea and before sentencing. It contains criminal history, personal background, offense conduct, victim impact,…
Read MoreWhat Is A Presentence Investigation Report
- October 13, 2025
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What Is A Presentence Investigation Report You pleaded guilty or were convicted and probation office is preparing Presentence Investigation Report (PSR). The PSR is comprehensive document probation officer creates investigating your background and recommending sentence to judge. PSR contains: your criminal history, personal background (family, education, employment, health), offense conduct…
Read MoreHow Long Is Federal Sentencing
- October 13, 2025
- Uncategorized
How Long Is Federal Sentencing You pleaded guilty or were convicted and want to know how long federal sentencing hearing will take. Federal sentencing hearings typically last 30 minutes to 2 hours depending on case complexity, number of objections to PSR, whether sentencing guidelines are disputed, and how much evidence…
Read MoreWhat Happens At Federal Sentencing
- October 13, 2025
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What Happens At Federal Sentencing You pleaded guilty or were convicted at trial on federal charges and now face sentencing hearing before district judge who will determine your punishment. Federal sentencing is proceeding where judge considers Presentence Investigation Report (PSR), hears arguments from prosecutors and defense, listens to victim statements,…
Read MoreWhat Is Federal Pretrial Services
- October 13, 2025
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What Is Federal Pretrial Services You were released on federal charges and ordered to report to Federal Pretrial Services, and you’re wondering what this means. Federal Pretrial Services is government agency that supervises defendants released pending trial to ensure they appear for court and comply with release conditions. When court…
Read MoreCan You Bond Out On Federal Charges
- October 13, 2025
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Can You Bond Out On Federal Charges You or a loved one was arrested on federal charges and you’re wondering whether you can bond out. The answer is: it depends. Federal bail works differently than state bail. About 75% of federal defendants are released pretrial, while 25% are detained without…
Read MoreFederal Bail How Does It Work
- October 13, 2025
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Federal Bail How Does It Work You were arrested on federal charges and you’re wondering about bail – how it works, whether you’ll be released, and what you need to pay. Federal bail works differently than state bail. The Bail Reform Act (18 U.S.C. § 3142) governs federal pretrial release…
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