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  #1 (permalink)  
Old 07-20-2008, 03:02 PM
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Default illegal flight to escape prosecution

How much time can you get for illegal flight to escape prosecution, in federal court???
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Old 07-20-2008, 05:06 PM
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Quote:
Originally Posted by doright View Post
How much time can you get for illegal flight to escape prosecution, in federal court???
What charges were/are you fleeing from?
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Old 07-20-2008, 08:04 PM
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conspiracy to sell drugs...
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Old 07-20-2008, 08:49 PM
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Did you flee from the country?
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Old 07-21-2008, 03:59 PM
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its my cousin and yes
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Old 07-21-2008, 04:08 PM
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The maximum penalty for the defendants charged with conspiring to distribute narcotics would be life without parole in federal prison, according to the U.S. attorney's office.[8] The maximum penalty for the defendants charged with trafficking in counterfeit goods would be 10 years in prison, and conviction on the charges related to concealing cash from authorities could carry a maximum prison term of five years.[9]

Trafficking Conspiracy is covered under 21 U.S.C. § 846 whereunder it states that any person who attempts or conspires to commit any drug offense will be punished in the same manner as if he had actually committed the offense.[10] U.S. Attorneys are obligated to bring charges on "the most serious offense that is consistent with the nature of the defendant's conduct, and that is likely to result in a sustainable conviction.[11] This essentially states that given the choice between seeking a conspiracy indictment for drug trafficking, federal prosecutors will choose 21 U.S.C. § 846 rather than the standard 18 U.S.C. § 371 conspiracy charge, because the penalties are steeper, and it is easier to prove a drug conspiracy rather than a section 371 conspiracy.

Transnational Crimes Blog - McNabb Associates, P.C.
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Old 07-21-2008, 04:20 PM
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is the a statue of limitations on any of this???

He really would like to turn his self in...
And would like to be able to come back to the states...

I think they where going to give him like 7 years or something like that...

Then he left.....
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Old 07-21-2008, 05:12 PM
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You really need to consult with the best attorney you can find. These are serious charges, and what they say they are going to give him may, in fact, be very different from what he actually gets. I believe the statute of limitations on drug charges on the federal level is five years. This means the government has five years to bring a case against you. But, I suspect the case already has been brought against you since you fled ( your cousin, I mean). So, the statute of limitations that applies to how much time the government has to BRING charges against a defendant isn't really relevant if charges have already been brought and he simply fled from them.

However, even if the statute of limitations expires, there very well may be other crimes he can be charged with that dovetail with the drug, conspiracy, and fleeing charges.

You really need an attorney. Don't act based on anything read on forums on the Internet--including this one.
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Old 07-21-2008, 05:29 PM
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Thats what I was trying to ask in the first place was about the fleeing charges... He knows he will get time just was wondering how much more for fleeing thats about it... and is there a way to negotiate some kinda deal if he self surrenders?

Thanks so much for all your replys
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Old 07-21-2008, 07:30 PM
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Short of a crystal ball, no one can tell you how much time he would get for fleeing. Other factors may have bearing on that, such as priors, age of the defendant, what other charges the government is successful at getting to 'stick', etc. I don't think anyone on a message board can predict such a thing----perhaps an attorney in the jurisdiction in question could advise you more precisely.

How did he cross the border as a wanted felon? or did he flee before a warrant was issued?
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