Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis 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.
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
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.
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.
Such an Affidavit would not be available for public venue.
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?
IT appears to be legit. Yes. But anyone can type something up, unless she feels it COULD be legit.
Anyone can use this link and download a form for it.
Where did this attorney say it was located? How did he find it?
Yes, they could be legit.
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.
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?
I mean what is the purpose of them being shared and him going out of his way to have someone dig them up?
What did he tell your friend the reason for presenting them is?
There is nothing noticeable that appear to be fakes. No.
It depends on who owes him favors, I suppose.
I reviewed the police supplement again. It does not appear to be fake.
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.
No. But it could be duplicated and taken to a printer like Office Depot and printed.
Short of calling the Assistant US Attorney - I suggest no.
They are not. If it is closed, however, she can get information under the Freedom of Information Act.
If it is open, they are not obligated to provide information.
Here is a LINK for the Request under the Freedom of Information Act
That website is self explanatory but if you have questions regarding the FOIA please let me know.
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.
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.
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.
They could be lying. They can lie.
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.
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.
No. They do not need to discuss if there is an investigation if it is opened.
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.
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
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?
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.
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.
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.
Yes, there can be state and federal charges. Separate sovereign is when there is a crime at each level.
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.
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.
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.
But it is essentially the same crime as the Federal statute listed on the search warrant.
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.
You can certainly then continue with follow up questions on this subject matter here.