Now You See It Now You Don't>>>>>>>>>>>>>>>>>>

[acvegasUSA]

Now You See It Now You Don't>>>>>>>>>>>>>>>>>>

United States Federal Case

I have a friend who two years ago got charged with a Federal Felony Crime dealing with both real estate fraud and credit fraud scheme (around 23 victims involved). My friend pleaded guilty to the crime. The prosecutor wanted to give my friend between ten to twenty years plus a five million restitution payment. The case has been going back in forth in the court mainly due to postponement by the prosecutor under the same judge for about two years and a few months. Just a few weeks ago doing the sentencing stage – once again the prosecutor ask for more time. To make a long story short – the judge got pissed off and dismissed the case due to many on-going postponement by the prosecutor. At that time of dismissal my friend’s attorney told him that the prosecutors have sixty days to try and reopen his case. Well two weeks following the dismissal the prosecutor did refile charges again on my friend was notified of this action by his attorney – no new court date has been set as of yet so my friend is waiting for the next step hoping that the dismissal with stand and he gets off scot-free. Note: My friend is still wearing a GPS Tracking ankle bracelet until this case is finally settled – this case at the moment is still pending. My question is what happens now my friend has been waiting for nearly three weeks now:

1. Can the same identical original charges be refilled by the prosecutor?
2. If the same identical original charges are refilled is that considered “Double Jeopardy”?
3. Will the same charges be brought under a new judge or the same judge?
4. Is it a good high chance the judge will reopen this same case are the chances poor or great?
5. If the case is reopened will the Judge pick-up where they left off (the Sentencing Stage)?
6. Now that the prosecutors have reopened the case how much time do they have for the next court hearing?
7. If the original charges cannot be refilled due to dismissal what kind of charges can be filled?
8. Since the case was dismissed by the judge – if reopened is my friend looking at the same amount of prison time or less prison time?
9. Any other helpful info or possibilities should my friend be aware of or possible outcomes?

Thanks

 

[STEPHAN]

What do you have to do with the case?

What did your friends lawyer say when he asked him these questions?

 

[quincy]

United States Federal Case

I have a friend who two years ago got charged with a Federal Felony Crime dealing with both real estate fraud and credit fraud scheme (around 23 victims involved). My friend pleaded guilty to the crime. The prosecutor wanted to give my friend between ten to twenty years plus a five million restitution payment. The case has been going back in forth in the court mainly due to postponement by the prosecutor under the same judge for about two years and a few months. Just a few weeks ago doing the sentencing stage – once again the prosecutor ask for more time. To make a long story short – the judge got pissed off and dismissed the case due to many on-going postponement by the prosecutor. At that time of dismissal my friend’s attorney to him that the prosecutors have sixty days to try and reopen his case. Well two weeks following the dismissal the prosecutor did refile charges again on my friend was notified of this action by his attorney – no new court date has been set as of yet so my friend is waiting for the next step hoping that the dismissal with stand and he gets off scot-free. Note: My friend is still wearing a GPS Tracking ankle bracelet until this case is finally settled – this case at the moment is still pending. My question is what happens now my friend has been waiting for nearly three weeks now:

1. Can the same identical original charges be refilled by the prosecutor?
2. If the same identical original charges are refilled is that considered “Double Jeopardy”?
3. Will the same charges be brought under a new judge or the same judge?
4. Is it a good high chance the judge will reopen this same case are the chances poor or great?
5. If the case is reopened will the Judge pick-up where they left off (the Sentencing Stage)?
6. Now that the prosecutors have reopened the case how much time do they have for the next court hearing?
7. If the original charges cannot be refilled due to dismissal what kind of charges can be filled?
8. Since the case was dismissed by the judge – if reopened is my friend looking at the same amount of prison time or less prison time?
9. Any other helpful info or possibilities should my friend be aware of or possible outcomes?

Thanks

You are saying that a judge dismissed a case where the defendant pled guilty and was waiting to be sentenced?

 

[acvegasUSA]

Yes

You are saying that a judge dismissed a case where the defendant pled guilty and was waiting to be sentenced?

Yes the judge dismissed this case during the sentencing phase due to on-going extensions/delays mainly by the prosecutor which have been going on for nearly two years. Just before sentencing the prosecutor ask for more time (an extension) which pissed off the judge. But the prosecutor refiled two weeks after the dismissal.

 

[acvegasUSA]

What do you have to do with the case? (Personal/Just Good Friends)

What did your friends lawyer say when he asked him these questions?

My friend did not ask his lawyer any questions he is just hoping everything will fade away (a full dismissal).

 

[quincy]

Your friend was already convicted of the crime.

The court determines the particular sentence to be imposed. For federal offenses, there are sentencing guidelines that prescribe a range of sentences.

I think perhaps you do not have all of the facts. If your friend has any questions, he should address them to his attorney.

 

[STEPHAN]

My friend did not ask his lawyer any questions ...

That is what lawyers are for.

What is your position in all of this?

 

[acvegasUSA]

Okay

Your friend was already convicted of the crime.

The court determines the particular sentence to be imposed. For federal offenses, there are sentencing guidelines that prescribe a range of sentences.

I think perhaps you do not have all of the facts. If your friend has any questions, he should address them to his attorney.

Yes I understand that (and so does my friend); he is wondering if the same case can be reopened by the judge and will the ramifications still be the same, etc. etc., etc. Basically his attorney has just told him to hang tight and see what happens; his attorney is not even sure on what to say to him due to the refiling of the case by the prosecutors. We were hoping someone here at the forum can gives us some possible clues (an outcome) on how the federal court system operates when a case is dismissed and the refilled by the prosecutor.

 

[quincy]

Yes I understand that (and so does my friend); he is wondering if the same case can be reopened by the judge and are the ramifications still be the same, etc. etc., etc. Basically his attorney has just told him to hang tight and see what happens; his attorney is not even sure on what to say to him due to the refiling of the case by the prosecutors. We were hoping someone here at the forum can gives us some possible clues (an outcome) on how the federal court system operates when a case is dismissed and the refilled by the prosecutor.

Your friend might need a new attorney if his attorney is baffled.

Here is a link to the Federal Rules of Criminal Procedure, Rule 32: Sentencing and Judgment: https://www.law.cornell.edu/rules/frcrmp/rule_32