We would like to thank our friends Joaquin & Duncan, L.L.C for sharing this information with us! Case Summaries Offense Conduct (Chapter 2) United States v. Sullivan 2014 WL 4235414 (7th Cir. 2014) Chapter 2 enhancements affirmed Defendants, brothers Daniel and John, owned a group of companies that offered remodeling services to homeowners. While they provided honest work on… Read More
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Sentencing Partners – September 2015 (Part I)
We would like to thank our friends Joaquin & Duncan, L.L.C. for sharing this information with us. Published By Joaquin & Duncan, L.L.C.; A Law Firm of Federal Sentencing Attorneys S e n t e n c i n g P a r t n e r s September 2015 Sentencing Commission Overview of Federal… Read More
Juvenile Court Sentencing Options
Typical punishment and penalties for juvenile delinquents and youth offenders. Juvenile courts have a wide range of sentencing options (usually called “disposition orders”) that they can impose on juveniles or youth offenders who are found to be “delinquent” (that is, finding that the minor violated a criminal law). Typically, disposition options fall into two camps:… Read More
Legal Problems for Immigrants with Criminal Convictions
Know the Immigration Issues Before Accepting a Plea Bargain If you’ve never been in criminal trouble before, your first contact with the court system can be confusing and frightening. Police officers may have threatened you with jail or prison. Some official has probably read off the maximum punishment possible for the crime you are… Read More
Working a Job When Under House Arrest
by Janet Portman, Attorney House arrest involves being sentenced to time at home, under close surveillance, rather than serving a typical jail sentence. Home imprisonment is an option for non-violent offenders, and is used most often in areas where prisons are already overcrowded, or when local authorities are seeking ways to mitigate the pressure on and expenses… Read More
Can you sue the police if they stop you from recording them?
You may be able to sue, but you won’t necessarily win. If an officer unlawfully arrests you for recording her, you may be able to bring a deprivation of civil rights action against her under 42 U.S.C. § 1983 (“section 1983”), a federal law called “Civil action for deprivation of rights.” Your claims might be… Read More
What Are Extenuating Circumstances?
A crime may be charged as a lesser offense, or a sentence may be light, if extenuating circumstances (or mitigating factors) convince the prosecutor or judge to cut the defendant a break. by Ave Mince-Didier Two people rob a convenience store at gunpoint. One is a 13-year-old girl, with no criminal record, a runaway with… Read More
Searching Your Home After an Arrest
When you’re arrested in your home, a limited search by the police is permissible. Police may search the person arrested and the area within that person’s immediate control. Immediate control is interpreted broadly to include any place a suspect may lunge to obtain a weapon. If the alleged crime is particularly violent, or if the… Read More
What Are Felonies, Misdemeanors, and Infractions?
by Paul Bergman J.D., UCLA Law School Professor The seriousness of a charge depends on whether it’s a felony, misdemeanor, or infraction. Levels of Offenses Felonies are the most serious kinds of crimes. Generally, a crime is considered a felony when it is punishable by more than a year in a state prison (also called a penitentiary). Examples… Read More
Getting Tricked Into Giving Consent to a Police Search
Your consent to search must be freely given. A police officer’s fraud or deceit will often destroy any consent you may have given. To constitute a valid consent to search, the consent must be given “freely and voluntarily.” If a police officer wrangles consent through trickery or coercion, the consent does not validate the search…. Read More