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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My friend received a copy of a search warrant for a supposed

Customer Question

My friend received a copy of a search warrant for a supposed lawyer that she is dating. He said that he pulled it from an archieve and that it was never filled in court. Is there a way to know if it is legit?
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Samuel II replied 4 months ago.

Hello

This is Samuel. Please clarify, the attorney friend is serving her a search warrant - to search what? Is it from Maryland? I am not sure I fully understand.

Customer: replied 4 months ago.
He said he found an application for a search warrant involving her from us attorney's office.
Expert:  Samuel II replied 4 months ago.

Ok. Well, I am not sure that is possible - but she can try the Maryland Judiciary Case Search and I'll get you that link

Expert:  Samuel II replied 4 months ago.

If you click this link and agree to the terms then she can search her name or any name and if there is a warrant it should be there.

Expert:  Samuel II replied 4 months ago.

I suggest, however, there is no way to find an Affidavit (not called an application) for such a search warrant. That would be with the Department of Justice if it is from the US Attorney's office.

Expert:  Samuel II replied 4 months ago.

Such an Affidavit would not be available for public venue.

Expert:  Samuel II replied 4 months ago.

The only way it could be seen is after the warrant is served. Then the Defendant can request a copy if it is not attached to the warrant. Why is this attorney telling her this? Has she seen the Affidavit?

Customer: replied 4 months ago.
This is what she got
Customer: replied 4 months ago.
Would it be legit?
Expert:  Samuel II replied 4 months ago.

IT appears to be legit. Yes. But anyone can type something up, unless she feels it COULD be legit.

Expert:  Samuel II replied 4 months ago.

Where did this attorney say it was located? How did he find it?

Customer: replied 4 months ago.
He said an associate got it from the US attorneys office in maryland?Could it be real? Could it be fake?He had also sent her this.
Expert:  Samuel II replied 4 months ago.

Yes, they could be legit.

Expert:  Samuel II replied 4 months ago.

The question she needs to ask is was she involved in anything where these documents could be possible. If not, then I suggest they are not real.

Expert:  Samuel II replied 4 months ago.

The other question she should consider is how is this attorney getting this information when it should be in a file locked in a file cabinet. IT is not yet public information. Is this attorney trying to extort or blackmail her?

Expert:  Samuel II replied 4 months ago.

I mean what is the purpose of them being shared and him going out of his way to have someone dig them up?

Expert:  Samuel II replied 4 months ago.

What did he tell your friend the reason for presenting them is?

Customer: replied 4 months ago.
I think she was involved.Is there anything that would make you think that it is fake?No they had been dating long before these documents surfaced. He said that he was looking out for her.
Expert:  Samuel II replied 4 months ago.

There is nothing noticeable that appear to be fakes. No.

Customer: replied 4 months ago.
Is it possible for him to get access to those kinds of documents? He is supposed to be specializing in business law, and he told her that he does a lot of corporate consulting and does corporate espionage type stuff.Does the police document look legit as well? Does anything about it that would make you think it is fake?
Expert:  Samuel II replied 4 months ago.

It depends on who owes him favors, I suppose.

Expert:  Samuel II replied 4 months ago.

I reviewed the police supplement again. It does not appear to be fake.

Customer: replied 4 months ago.
What elements would you look for in a fake?Same question for the search warrant application?
Expert:  Samuel II replied 4 months ago.

Well, here's the thing - anyone can down load a warrant application as I provided that link. And since he says it was never filed, I suggest there is no real way to tell if they are fake. So to err on the side of caution, I suggest it is prudent to believe they are not fake.

Customer: replied 4 months ago.
What about the police document? Can that be found online?
Expert:  Samuel II replied 4 months ago.

No. But it could be duplicated and taken to a printer like Office Depot and printed.

Customer: replied 4 months ago.
is there any way to know the truth?
Expert:  Samuel II replied 4 months ago.

Short of calling the Assistant US Attorney - I suggest no.

Customer: replied 4 months ago.
In the case of an ongoing investigation, are they obliged to tell you anything?
Expert:  Samuel II replied 4 months ago.

They are not. If it is closed, however, she can get information under the Freedom of Information Act.

Expert:  Samuel II replied 4 months ago.

If it is open, they are not obligated to provide information.

Expert:  Samuel II replied 4 months ago.

Here is a LINK for the Request under the Freedom of Information Act

Expert:  Samuel II replied 4 months ago.

That website is self explanatory but if you have questions regarding the FOIA please let me know.

Customer: replied 4 months ago.
If it is open, do they have to tell you that there is an investigation or can they just say that there is nothing going on?
Expert:  Samuel II replied 4 months ago.

Within the website it states:

If you are seeking records on yourself, you will be required to verify your identity. This verification is required in order to protect your privacy and to ensure that private information about you is not disclosed inappropriately to someone else. Whenever you request information about yourself you will be asked to provide either a notarized statement or a statement signed under penalty of perjury stating that you are the person who you say you are. You may fulfill this requirement by completing and signing Form DOJ-361. Alternatively, you may provide your full name, current address, and date and place of birth and either (1) have your signature on your request letter witnessed by a notary, or (2) include the following statement immediately above the signature on your request letter: "I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]." If you request information about yourself and do not follow one of these procedures, your request cannot be processed.

Expert:  Samuel II replied 4 months ago.

They do not need to tell anyone anything about an open investigation. They can simply decline to answer. They don't have to say anything else but we decline to answer.

Expert:  Samuel II replied 4 months ago.

If she seeks records on herself and it is open, they will send a letter saying the request cannot be filled. That would either indicate there are no records OR the investigation is open.

Customer: replied 4 months ago.
What if they say there is no investigation. Does that mean that there really is no investigation or could they just be lying?
Expert:  Samuel II replied 4 months ago.

They could be lying. They can lie.

Customer: replied 4 months ago.
there is no way of knowing??
Expert:  Samuel II replied 4 months ago.

Well, the FOIA request could narrow it down- If she seeks records on herself and it is open, they will send a letter saying the request cannot be filled. That would either indicate there are no records OR the investigation is open. But that I suggest is just where you are right now - square one.

Customer: replied 4 months ago.
If the investigation is open, do they have to indicate that it is open or could they lie about that as well?How long does a response take?
Expert:  Samuel II replied 4 months ago.

In some circumstances the component will be able to respond to the request within the standard time limit established by the FOIA, which is twenty working days, or approximately one month. In other instances there might be a longer period of time needed before the request can be handled.

Expert:  Samuel II replied 4 months ago.

No. They do not need to discuss if there is an investigation if it is opened.

Customer: replied 4 months ago.
if they say that there are no records, does that mean that there really are no records or is it possible that there is an investigation open and they are just lying?
Expert:  Samuel II replied 4 months ago.

If they say there are no records, then there are no records. If they say the request cannot be filled it could mean no records or case is open.

Customer: replied 4 months ago.
Is there any way to know for sure? The lawyer said that he was trying to work out a deal with the prosecution before any charges were pressed against his girlfriend. He said that his firm would be providing cooperation in a white collar case in exchange for the prosecution to not file charges against his girlfriend. Is that possible? Is there a name for making a deal like that?
Expert:  Samuel II replied 4 months ago.

Well, The only way Is what we have already discussed. I suggest, that makes no sense to me at all. He can't broker a deal for a friend on the backs of a client. The name of such a deal would be shady. And so let me ask you this

Expert:  Samuel II replied 4 months ago.

In exchange for making that deal on behalf of your friend, what is he asking your friend for in return? Surely this is not out of the kindness of his heart?

Customer: replied 4 months ago.
He said it was cooperation on a future case, something to do with ressources or man power. Do professional courtesy favors like that exist?I don't think he asked for anything. The only thing he said was that since he was vouching for my friend and that he couldn't lie about the nature of their relationship and how well he knew her.
Expert:  Samuel II replied 4 months ago.

I'm skeptical. But then again, I'm an attorney. And so there is only a FOIA to determine if it is legitimate. And I have no idea what this other attorney is up to but it seems off kilter.

Expert:  Samuel II replied 4 months ago.

I'm going to sign off now for awhile. But if you have any other questions, please let me know and I will respond at least by tomorrow.

Customer: replied 4 months ago.
Can someone get prosecuted for the same crime at the state and federal level?
Expert:  Samuel II replied 4 months ago.

Yes, if it violates both state and federal law. And so there could be prosecution under the “separate sovereign” exception. Since the state and federal governments are separate, the Double Jeopardy Clause does not apply but there would need to be a violation on both levels for prosecution on both levels.

Customer: replied 4 months ago.
What is seperate sovereign?In the case of my friend, could she be prosecuted at both levels since you used the internet to communicate with the alleged victim of sexual assault?
Expert:  Samuel II replied 4 months ago.

Yes, there can be state and federal charges. Separate sovereign is when there is a crime at each level.

Expert:  Samuel II replied 4 months ago.

Yes. That would be a violation of state laws as well as a violation of federal law. Each of which are separate offenses that can develop from one incident.

Expert:  Samuel II replied 4 months ago.

Here is the LINK to one of the federal crimes listed on the search warrant. And I can locate a similar law from any state for which she could be prosecuted under the state statute.

Expert:  Samuel II replied 4 months ago.

For example, under MD Law, it is titled Obstruction of Justice

§ 9-306. Obstruction of justice.

(a) Prohibited.- A person may not, by threat, force, or corrupt means, obstruct, impede, or try to obstruct or impede the administration of justice in a court of the State.

(b) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Expert:  Samuel II replied 4 months ago.

But it is essentially the same crime as the Federal statute listed on the search warrant.

Expert:  Samuel II replied 4 months ago.

I see you have a lot of open questions, a few that have been closed by the moderators. It would show good faith for me to continue if you could provide a positive rating at this time.

Expert:  Samuel II replied 4 months ago.

You can certainly then continue with follow up questions on this subject matter here.