I want to personally welcome you to the Hedding Law Firm Federal Criminal Defense Blog. We will make every effort to discuss the latest developments and issues in the Federal Criminal Defense World. There are so many issues related to federal criminal cases, I am sure that we will cover many of them as the months and years pass.
Probably the most significant topic ,related to the federal criminal system, is the federal sentencing guidelines. Many people do not realize that the same federal guidelines are used across the country. It is also important to note that the federal criminal defense sentencing guidelines are advisory..a judge now has the ability to give whatever sentence they deem appropriate...as long as they consider the sentencing guides. This development has now shifted significant discretion back to the federal court judges. In my opinion, this has given and will continue to give deserving defendants the opportunity to stay out of federal prison.
I sincerely hope that you enjoy reading about some of the topics, issues and cases in this blog. If you are charged with a federal crime, I encourage you to contact me and discuss your case. I have successfully handled many federal criminal defense cases over the years and feel confident that once you meet with me, you will be convinced that I have the know how and legal abilities to help you.
This is a good question because a lot of federal criminal cases, multiple defendants are charged at the same time, and usually what you’ll see is whoever’s at the top of the indictment in a federal criminal case, is usually who the prosecutors or government view as the most serious players in the criminal case. In other words, the ones who are most involved who are facing the most time in a criminal case. So, a lot of times you want to see what one defendant will get and if you’re similar to that defendant, you can make an argument... Read More
When it comes to sentencing in federal criminal cases, judges can look at all sorts of different factors, and certainly person’s family circumstances would be a relevant inquiry. But, the reality is, unless you’ve got some serious family circumstances, it’s unlikely that the court in a federal criminal case is going to look at that and give you levels off based on a family circumstance departure argument. Federal Judges Are Strict On Allowing Family Issue Departure I make all kinds of family circumstance arguments and sometimes I have been successful, but one of the biggest problems is usually everybody has... Read More
When it comes to sentencing at a federal level as it relates to criminal cases, one of the key things that you and your attorney want to try to do is obviously, give all of the mitigating information related to you and your circumstances and this concept of minor role and definitely help in that. Mitigating Factors in Federal Sentencing As you may probably already know, if you’re in the middle of your federal criminal case, the lower your levels are the less sentence you are potentially facing from the judge. One way to get a couple of levels knocked... Read More
Federal sentences can be reduced for substantial assistance in the investigation or prosecution of another, and the mandatory minimum may not have to be followed. There are rules under which a sentence is commonly reduced for “substantial assistance,” including Section 5K1.1 of the U.S. Sentencing Guidelines and Rule 35 of the Federal Rules of Criminal Procedure. Both of these motions fall under 18 U.S.C. § 3553(e). These rules can be used to reduce a mandatory minimum sentence. When it comes to cooperation in a federal case across the nation, basically what prosecutors do is they try and get people who... Read More
Federal Sentencing Guidelines: According to the U.S. Federal Sentencing Guidelines, federal crimes can be classified in terms of 43offense categories. The offense level is matched up with the Criminal History Category (there are six different history categories) to determine sentencing. To find a recommended prison sentence, a judge simply cross-references the offense level with the Criminal History. For instance, an offender who commits a level 16 offense and who has a Criminal History of IV, according to the table, should get 33 to 41 months behind bars, all things being equal. Of course when you hire a seasoned federal criminal... Read More
Say nothing to the police! At the time of arrest, the goal of most police officers when talking to you and asking you questions is to get you to say self incriminating statements. For this reason, once they have your basic information, you do not have to explain anything. Everything you say, even things to show or innocence, will somehow be used against you. Stay quiet, and contact an attorney immediately. To have a qualified and skilled attorney fighting for you is the wisest thing you can do when being charged with a federal crime. When it comes to federal... Read More