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my sister was just arrested this past Friday. For id theft…

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my sister was just arrested...
my sister was just arrested this past Friday. For id theft and theft by deception she has 18 charges all together. the charges are federal and she is in jail now in Ohio but the charges are from Pa do you have any idea how much time in prison she could be doing? Do they have a set time limit that they have to extradite her?
Submitted: 8 years ago.Category: Criminal Law
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6/23/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
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FranL :

Hello,

The Federal sentencing guidelines are extremely complicated and without a great deal more information about the specific kinds of activities in these 18 counts, the scope of the criminal operation involved, the background and history of the defendant, as well as the dollar amounts of the property alleged to have been fraudulently appropriated, it's really not possible to give a ballpark figure. However, with 18 counts, it is safe to say that whatever her background, some prison is more than likely.

If your sister has waived extradition, (agreed to go to the other state) then extradition should take place within 30 days of her agreeing to go back. If she's contesting extradition (not usually a winning proposition, though some do it) then she'll be held longer in Ohio to await a hearing on whether or not Pennsylvania is entitled to her.

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Customer:

ok now i am not sure if it is federal or not. The only thing she has on her record is bad checks. But that also shows up as theft by deception but those are misdamenors. I know that some of the credit cards that she got in mom exhusbands name were over 6,000 dallors. He is about 75 years old and he lives in pa. We live in ohio and she is in jail in ohio she didn't fight extradition. do

Customer:

should she file a motion for a fast and speedy trial?

FranL :

If the charges here relate to running up charges on a family member's card rather than a full scale racket to scam investors, for example, her charges may be state charges. You'll find out soon enough. If they are state charges, the Pennsylvania will have a "reasonable" amount of time to get her. (30 days is the Federal Act).

Her right to a speedy trial doesn't yet attach. She hasn't yet been arraigned on the charges, and as a jail case, she will be assigned a public defender. She can talk to him about what her speedy trial rights are along with whatever else she needs to know to understand what she's up against and how best to fight it. If she's represented by counsel (and with 18 counts against her, she'd better be) she cannot file her own motions. That is the court would turn them over to her lawyer who would be free to adopt them if they are legally correct or not to, if they are wrong or harmful as to facts or law. Her lawyer should file all relevant motions on her behalf, and of course, she can ask about that and get copies of them as well.

___________

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