While this type of conduct is not necessarily the Lindbergh baby kidnapping or the OJ Simpson murders, people have had their careers ruined and regularly faced at least misdemeanor prosecution for these types of violations. The Hillary Clinton email articles which I have read have focused on two federal statutes…
As the information in the public goes, Hillary Clinton maintained her State Department emails and conducted State Department business on a private, nonsecure server. She then wiped (or had her people wipe) at least part of the server, including many emails, before handing them over for investigation. Many people want…
The presumption of detention is rebuttable, but very daunting. A person charged with a presumption case offense must rebut the presumption by clear and convincing evidence. This is the second most onerous burden in our law, right below proof beyond a reasonable doubt. Release is obviously far less common in…
Community and family ties are very important in the Eastern District of Texas Sherman Division. The judges give lots of weight to whether a third party custodian exists: i.e. a responsible family member or very close friend who can supervise the defendant and report any violations to the court. The…
At the detention hearing, the judge determines according to statute whether any “condition or combination of conditions set forth in subsection (c) of this section will reasonably assure the appearance of such person as required and the safety of any other person and the community.” 18 USC 3142(b). Basically, will…
Unlike in Texas state courts, where upon arrest a (normally) affordable surety bond amount is set by a magistrate, in Federal court in the Eastern District of Texas Sherman Division there is no “bail bond” procedure. Instead, when arrested for a federal offense, you are taken before a magistrate judge,…
The base offense level for a prohibited person in possession of a firearm is relatively low. Advisory Sentencing Guideline 2k2.1 calls for a base offense level of 14 if a person is prohibited by law from firearm possession, which along with a 3 point reduction for acceptance of responsibility yields…
The “prohibited person” statute under federal law, defining who can possess a firearm and who cannot, is pretty straight forward. You will be surprised to learn the many classes of people who cannot possess a firearm, not just convicted felons. If you meet one of these categories, it is a…
Mr. Hurd will have a tougher time in his detention hearing and his case because, by his own statements reported to the media, he is the man in charge of his conspiracy. The primo hombre, so to speak. The Federal sentencing scheme punishes this as a “leadership role,” which normally…
Wide receiver Sam Hurd, a well-liked player whose hard work earned him a roster spot on the Dallas Cowboys a few years ago, and eventually landed him a $5.1 million contract with the Chicago Bears, decided to risk it all by investing his money not in the fickle stock market…