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Is there a federal criminal attorney that can answer some…

Customer Question
Is there a federal...

Is there a federal criminal attorney that can answer some questions for me?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Georgia

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 2 months ago.Category: Legal
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Customer reply replied 2 months ago
I wanted to know if an attorney needed to be sworn into BOTH the supreme and federal court in GA to take on federal criminal cases (white collar crime in particular). If the lawyer is sworn into ONLY federal court can she/he still take on federal criminal cases? My last question is if a judge during a sentence hearing gives defendant 6weeks to get affairs together before self surrendering. Does the time between sentence hearing and self surrender count as jail credit time? If so does the defendant petition to make sure the credit is reflected in prison record?
Answered in 14 minutes by:
12/21/2017
Lawyer: Zoey, JD, Attorney replied 2 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 29,106
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 2 months ago
Thank you Zoey
Lawyer: Zoey, JD, Attorney replied 2 months ago

If the lawyer is sworn into ONLY federal court can she/he still take on federal criminal cases?

If he is admitted to the Federal Bar in that judicial district, that's all he needs to practice in Federal court. But in saying that, he would also have to have a license to practice law in the first place, which would mean he'd be admitted to a state bar as well.

That is, you graduate from law school and take a state bar exam to get a license to practice. From there, you can submit an application to practice in the Federal courts.

My last question is if a judge during a sentence hearing gives defendant 6weeks to get affairs together before self surrendering. Does the time between sentence hearing and self surrender count as jail credit time? If so does the defendant petition to make sure the credit is reflected in prison record?

No, unfortunately. Time at liberty on the street does not counts as prison time.

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Customer reply replied 2 months ago
Thank you JD. I called GA bar association and Clerk of the supreme courts and was told an attorney would need to be admitted into both Federal and supreme to take on federal criminal cases. However when i called the clerk of the federal court .. I was told attorney just needed to be sworn into federal. Hence my confusion and needing clarification
Lawyer: Zoey, JD, Attorney replied 2 months ago

Yes. An attorney first has to get a license to practice. That's accorded by the state upon passage of a state bar exam. From there, if he wants to practice in the Federal Courts, he has to submit an application and pay a fee.

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Customer reply replied 2 months ago
Thank you. So absolutely NO to needing to be sworn into the supreme court to take on federal cases?
Lawyer: Zoey, JD, Attorney replied 2 months ago

Since acceptance into the Federal system is not an automatic, you'd typically get sworn into as a member of the bar state court and then take an oath of admission later on if/when you're accepted into the Federal system.

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Customer reply replied 2 months ago
I don't think you understand my question. My question is if an attorney needs to be sworn into BOTH the federal and supreme court? or does just being sworn into the federal court alone suffice to take on federal criminal cases. Is being sworn into the supreme court required to take on federal criminal cases?
Lawyer: Zoey, JD, Attorney replied 2 months ago

Sorry if I was confusing. He has to be sworn in on a state level to become licensed to practice in the first place. Then he gets sworn in later to Federal court if he gets accepted.

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Customer reply replied 2 months ago
I understand that state. My question is about being sworn into the supreme court. Does an attorney need to be sworn into the supreme court in order to take on federal criminal cases in GA?
Lawyer: Zoey, JD, Attorney replied 2 months ago

I'm sorry. I thought you meant State Supreme Court. IF you're talking about the US Supreme Court, no. He doesn't have to be admitted there to be admitted to a Federal District Court.

Here's how one gets admitted to Supreme Court.

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Lawyer: Zoey, JD, Attorney replied 2 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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