Sentencing Commission Issues Long-Awaited Report on the Continuing Impact of United States v. Booker on Federal Sentencing Part 3 Sentence Adjustments (Chapter 3) United States v. Tasaki 2013 WL 69356 (6th Cir. 2013) Reaching for gun, discarding it in residential area warranted §3C1.2 enhancement Police officers attempted to stop a speeding vehicle, but it continued to drive for approximately a half… Read More
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Sentencing Commission Issues Long-Awaited Report on the Continuing Impact of United States v. Booker on Federal Sentencing Part 2
Offense Conduct (Chapter 2) United States v. Roussel 2013 WL 173422 (5th Cir. 2013) Estimate of expected benefit of fraud was unreasonable The defendant, a New Orleans Police Captain, and a co-defendant (“Branch”), were charged with five counts of wire fraud and one count of conspiracy. Their scheme involved receiving kickbacks, in the form of “finder’s fees,” related to fees charged to… Read More
How can I reduce my felony conviction to a misdemeanor?
Having a felony record is worse than having a misdemeanor. Did you know that it is possible to reduce your felony conviction into a misdemeanor? If you have a felony record you are unable to possess firearms or obtain certain types of jobs. If you reside in California there are about 140 different crimes that… Read More
Sentencing Commission Issues Long-Awaited Report on the Continuing Impact of United States v. Booker on Federal Sentencing Part 1
Sentencing Commission Issues Long-Awaited Report on the Continuing Impact of United States v. Booker on Federal Sentencing The Commission issued its multi-part report on the impact of Booker. Part A contains the “Executive Summary” and weighs in at 115 pages. Other parts contain: B) case law; C)analysis of various offenses such as drug, trafficking, immigration, child pornography, and career… Read More
Arranging for Bail
Arranging for Bail A bail is when a person is given permission by the court to remain in liberty until the case is concluded in exchange for cash or a bail bond. This allows defendants to comply and attend all required court appearances. If a defendant fails to appear in court the bail is then… Read More
Have you convicted a drug offense?
Have you convicted a drug offense? If so are you aware of the possible drug charges and fines you are about to encounter. The list below breaks down possible charges: Cocaine or heroin possession with intent to distribute — three to seven years for 1 gram or less, up to 15 years for 15 grams, and… Read More
Juvenile Crime
If you are under the age of 18 in the state of California you are considered to be a juvenile delinquent although this varies in each state. Over the years the age continues to drop and one can be charged as an adult depending on the crime that one has committed. There are three types… Read More
Do I need a lawyer?
It is not necessary for an individual to be defended by an attorney but in most criminal cases when the defendant is facing a possible jail or prison sentence one seeks a criminal defense specialist. Once you have been charged with a crime the next step should be getting in contact with an attorney that… Read More
FAQ about Criminal Court
Where do I wait before my case is called? Defendants whom are usually free from bail usually sit in the spectator area of the courtroom until their case is called by the courtroom clerk, bailiff, or judge. If a defendant is in custody one will wait in holding cells and are escorted by a bailiff… Read More
Communication between you and your lawyer
Communication is key between a client and a lawyer. This allows for the lawyer to receive as much information from the client and for the client to be updated on the progress of their case. The ABA Standard for Criminal Justice 4-3.8 states “Defense counsel should keep the client informed of the developments in… Read More