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Does The Judge Have Any Input Into A Federal A Plea Agreement?

Where the judges’ power is in a federal case is at the sentencing. The judges have complete discretion, tempered by the sentencing guidelines. Prosecutors are the ones who control what the charges are that are filed against the defendant. Judges don’t usually interfere with the charges or with a plea agreement, unless they believe it is unfair. In that case, the plea would either have to be changed or the case would have to go to trial. Are Plea Bargains Available In All Federal Cases? Typically, with someone who has got federal charges against them, their case is set for...

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Can I Ever Withdraw A Guilty Plea In A Federal Case?

When you go into federal court to enter your plea, the judge goes through a long colloquy related to your rights, what you’re getting yourself into, and your discussions with your attorney. It is rare that a federal judge would allow a person to withdraw a plea. There certainly are grounds, in some cases, but again it is never a good idea. It could result in disaster, as far as a more serious sentence. If I Accept A Plea Offer And Plead Guilty, Can I Appeal This Decision Later? Built into most federal plea agreements is language related to the...

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When Does The Plea Bargaining Process Start In A Federal Case?

After the client initially appears and the judge determines whether they are to be released or to stay in custody, the client and the attorney are given the indictment in the case, which is the charging document. The prosecutors have to get all the paperwork related to the case to the attorney and the attorney will review it with their client and make a decision on whether it’s the type of case that they want to negotiate or if they should fight the case. Negotiation with Federal Prosecutor on Plea Agreement If it is decided that it is in the...

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Federal Criminal Money Laundering Charges

What most people don’t realize is that a federal criminal money laundering case can take many different forms and it’s a bit confusing because you look at the law on this subject and a lot of these websites are just spouting off a bunch of law without giving any explanation — without breathing any life into the subject matter — because people sometimes when they get arrested or indicted for money laundering they can’t even figure out what they’ve done wrong. Illegally Obtained Money or Credit Line The issues is, you basically have proceeds or money or a credit line...

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Federal Criminal Defense of Law Enforcement Officers

In the twenty-five years that I’ve been defending police officers who have been charged I’ve noticed that a lot of times once a police officer is charged, unfortunately they are treated and viewed as the very criminals that they are sworn to protect society against. I really think it does them a disservice because the prosecutors tend to lose sight of the fact that these individuals have helped the community for many years and it’s not fair to just jump to the conclusion that all of a sudden they’re a criminal just because somebody made a filing decision to charge...

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Don’t Get the Maximum Sentence – Get the best possible federal criminal defense attorney

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...

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Have You Been Arrested and Under Investigation

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...

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