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Will Judge Compare Co-Defendant Sentence in Federal Criminal Case?

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...

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Using Family Circumstances to Lower Your Federal Criminal Sentence

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...

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Can Playing a Minor Role in a Federal Criminal Sentencing Help You?

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...

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Federal Sentence Reductions For Substantial Cooperation

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...

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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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