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Federal Plea & Sentencing Mitigation

A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts

Courts uphold federal government’s ability to seize a convicted defendant’s 401(k) accounts to satisfy an Order of Restitution after a conviction at trial or a guilty plea.

DOJ’s Aggressive Prosecutions of COVID-19 Schemes and Healthcare Fraud Continues

The Department of Justice just announced charges against 21 individuals in a nationwide crackdown of COVID-19 related prosecutions that resulted in $150 million worth of fraud. The schemes were varied and involved medical doctors, medical labs, marketers and others in the healthcare field. For instance, two owners of a lab in California allegedly billed more [...]

Collateral Consequences of a Criminal Conviction

When someone pleads guilty or is convicted of a federal or state crime, there are serious collateral consequences, in addition to potential jail time, forfeiture, restitution and other fines and penalties.  The term ‘‘collateral consequence’’ means a collateral sanction or a disqualification, a penalty, disability, or disadvantage that is imposed by law as a [...]

By |2022-09-21T09:55:59-04:00February 2nd, 2022|Arrest Warrant, Asset Forfeiture, Convictions, Criminal Charges, Federal Courts, Federal Plea & Sentencing Mitigation, Felony, Plea Bargaining, Prison|Comments Off on Collateral Consequences of a Criminal Conviction

Capitol Siege Defense Attorney: Media Ploy or Mitigation and Having Respect for the Client

“These are people with brain damage, they’re f--king retarded, they’re on the goddamn spectrum. But they’re our brothers, our sisters, our neighbors, our coworkers — they’re part of our country. These aren’t bad people, they don’t have prior criminal history. Fuck, they were subjected to four-plus years of goddamn propaganda the likes of which the [...]

Federal Sentencing – How to Get the Best Outcome

Anyone facing a federal sentencing knows how difficult and daunting the U.S. Sentencing Guidelines can be for many types of crimes. For financial crimes, the amount of loss, number of victims, complexity of the scheme and the like can quickly ratchet someone with no prior offenses into the 10+ year range. With a system that does not allow for early release on parole, like most states, and that credits a defendant with only 54 days a year good time credit, sentencing in the federal system can be particularly harsh.

Why There Are So Few Federal Criminal Trials

After more than two years of careful research and deliberation, the National Association of Criminal Defense Lawyers (NACDL) released The Trial Penalty: The Sixth Amendment Right to Trial on the Verge of Extinction and How to Save It. The “trial penalty” refers to the substantial difference between the sentence offered prior to trial versus the sentence a defendant receives after a conviction at trial. This penalty is now so severe and pervasive that it has virtually eliminated the constitutional right to a trial. The report notes that to avoid the trial penalty, defendants must surrender fundamental rights which are essential to a fair justice system. The release of this report has garnered support from leading criminal justice reform entities, all of which agree that the incursion on the right to a trial poses a clear threat to justice.

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