He is known in the community as a 'go-to' attorney, and it is a He was very knowledgeable and kept me up to date with the details throughout the legal process. Geoff was very straightforward while having Federal v. Federal V. State Courts Both the states and the federal government have the power to prosecute individuals for criminal offenses , with each having its own separate court system.
Federal vs State Judges Judges in the federal court system are nominated by the president and, after being approved by the senate, serve for life. Types of Federal Crimes The following are examples of federal crimes that are punishable under federal law include the following: Piracy Treason Counterfeiting Drug trafficking Violations of securities laws Violations of interstate commerce Having defended clients against various types of crimes, including the following, our firm has the vast knowledge and passion to protect your freedom against the prosecution's claims: Federal drug offenses Federal sex crimes Computer crimes Weapons charges Violent crimes Money laundering White collar crimes Federal Charges Require a Powerful Defense When considering the professional pedigree of the prosecution and judges found within the federal system, it is imperative for accused individuals to retain an equally aggressive defense to maximize their chances of securing a desirable outcome.
Thousands of Cases Successfully Defended. Hundreds of Jury Trials Handled. Highly Respected by the Legal Community. Learn More. Marijuana Distribution Charges Dropped U. Read More Results. First Name Please enter your first name. Last Name Please enter your last name. Phone Please enter your phone number. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website.
Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website.
These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience. Necessary Necessary. There are 43 levels of offense seriousness established by the guidelines. Each crime is given a base level of offense, which is where the sentencing will start. If the crime has exacerbating circumstances surrounding it, the offense level of the crime can increase beyond the base level it is originally assigned.
Many offenses have pre-determined offense level increases. For instance, robbery on its own will have set increase on its offense level if a weapon is shown, or if a firearm is discharged. There can also be adjustments made to each offense that will increase or decrease its offense level. For example, if the defendant was minimal participant in the crime, the offense level may decrease, but if the defendant chose a victim based on age or mental condition related vulnerability, the offense level may increase.
There are a number of factors that can influence adjustments or characteristics of the crime. Their criminal history will land them into one of six categories, numbered with roman numerals. The first category, Category I, is the least severe and will be used for most first-time offenders.
Category VI is the most severe and is used for those who have lengthy, or very serious, criminal histories. The official offense level is then determined using any adjustments and characteristics that are applied to the crime. Once the level is determined, there is a table that lists the appropriate amount of prison sentencing for the criminal. This determination is made according to the Criminal History Category for which the defendant belongs. The table typically has the sentencing listed by months.
Again, the higher the offense level and Criminal History Category, the more severe the sentencing. If criminal proceedings have been completed and you have been convicted and sentenced, there is one more process you can explore.
The appeals process is lengthy, and it puts the case and the happenings at your trial under heavy scrutiny. However, the benefits of a successful appeal may far outweigh the efforts. A successful appeal does not necessarily mean an overturning of the ruling, but it can still work to your advantage. The courts of appeals, or appellate courts, hear appeals cases. There is a set of appellate courts for state cases and a set for federal cases. You may also hear these courts referred to as circuit courts.
For convictions at the federal level, your appeal must go to a federal appeals court. There are a number of US appellate courts across the country, and you will likely send your appeal to the closest to your county. To begin the appeals process, your lawyer must submit a brief regarding the events of the trial and what portions of the trial you believe are in error with the law. Once the appeals process has started, the court will review the brief your lawyer submitted and will make a decision.
It is common for appeals to end without reaching the level of a hearing. If the court desires, judges may bring in both the prosecution and the defense, and each side will be given a short period of time to present their arguments.
In most cases, decisions made by an appeals court are final. At times, the case may end up back in trial court for more proceedings, or in rare cases, the case will continue onward to a higher-level court. Typically, they will only do so if it involves an issue of extreme importance, or when several federal courts have interpreted something differently.
Winning at an appeal does not guarantee an overturn of your sentence or release from prison. You may see sentencing changed, some but not all of your charges overturned, charges amended, or you may go to trial once more. If you are convicted, the government cannot appeal for more charges against you, but if the prosecution desires they may pursue an appeal on your sentencing. When convicted of a crime, defendants often have a separate sentencing hearing. The bail procedure can also be used for convicted defendants who are awaiting judgement on appeals.
However, these circumstances are different depending on each case. If you are convicted and awaiting a sentencing hearing, you may want to contemplate asking for a release from the judge. However, the judge will not simply grant a release request. You and your attorney must prove with clear and convincing evidence that you do not pose a flight risk, meaning you are not likely to flee the state or county.
You must also prove you do not pose a danger to the community, meaning that you are not likely to cause harm to the community within which you are convicted. These are also the same circumstances the judge utilizes to sets bail prior to the trial. If you were convicted of a drug-related offense or a violent crime, it may be significantly more difficult to get a release on bail.
Serious crimes offer fewer opportunities for a bail release pending a sentencing hearing, while the judge will likely be more lenient for minor crimes. In addition, the judge will factor in things such as:. Another thing to keep in mind is that now that you have been convicted, there is no longer the presumption of innocence; in fact, there is now the presumption of a conviction. This means that when the judge is factoring in everything to determine whether you are eligible for release, the odds are usually stacked against you, now that you are actually convicted of the crime for which you stood trial.
While awaiting appeal you may also have an opportunity to be released on bail. Specifically for release on bail pending appeals cases, you and your lawyer will need to show that the appeal is not frivolous or delay tactic in the already established bail proceedings. For appeals on violent crimes or severe drug offenses, it may be difficult to obtain a bail release. Additionally, appeals may not make it to the hearing stage so you may not even be granted the opportunity to have a bail amount set.
Talk to your lawyer about your options with bail. An experienced attorney may be able to convince the judge that it will help your case if you are able to discuss the matters face-to-face with your attorney.
If you entered a guilty plea to a crime, and face unfavorable terms about which you were not properly educated, it may be possible to withdraw your guilty plea. For instance, if you believed that a guilty plea would have provided a certain outcome, and in court, due to some extenuating circumstance, you land a harsher sentence than what you anticipated, you may have the opportunity to withdraw your guilty plea.
This motion is typically employed if a defendant received poor advice from a prior lawyer or acted on their own before obtaining an attorney. The key for this motion to be put into use relies on whether or not the guilty plea was done in your best interest. If you entered a guilty plea and suddenly discover an unforeseen penalty, or discover that a trial may have gotten you a more favorable outcome you may be able to withdraw your guilty plea.
Likewise, if for whatever reason you were dissatisfied with your prior attorney, a withdrawal of your guilty plea may be exercised as well. Good cause is not the same as a mere claim that you entered your plea without knowledge of consequence, you must show that clearly because of your lack of knowledge or expertise, your guilty plea was not your best option. Some examples of this include:.
Sometimes in court, certain circumstances can lead to a wrongful conviction. At times these circumstances can be caused by error, poor judgement, or corruption. This is not a motion that is taken lightly. For the judge to call for a new trial, your lawyer will need to meet the requirements and prove that the trial itself is flawed in some way. If the jury has been negatively influenced or impacted by some error you may need a new trial to prevent conviction.
There are a number of reasons why you may want to file a motion for a new trial. Your lawyer may advise you to call for a new trial if one of the following happens:. It is important to remember that for any of these factors to actually propel your motion to be granted, these factors must have impacted you negatively.
It is not enough for them to merely happen; the jury must have been influenced, or the case must have affected you, before the judge will rule that a new trial is necessary. After you either plead guilty or if you are convicted in court, you will be sentenced. A sentence is a measure of punishment that the judge deems to fit the crime of which you were convicted.
In most misdemeanor plea bargaining cases, or in traffic offenses, the judge will often deliver the sentence directly after a guilty verdict. However, the defense may elect to schedule a sentencing hearing for the conviction. The sentencing hearing exists to give the judge, the prosecution, and the defense an opportunity to discuss the charges, and determine a potentially appropriate sentence.
Both the defense and prosecution will be heard in order to reach a sentence. Like any other hearing, you still have the right to an attorney. You can also present evidence for your case, and present sentencing alternatives to the judge and prosecution. You will not, however, be given the opportunity to conduct cross-examinations. The hearing is generally less restrictive and formal as a trial, but there are still certain rules in place.
Throughout the trial, attorneys are given the chance to object to certain sentences, however, the objection must be meaningful. Judges must be willing to consider objections.
0コメント