Federal Sentencing: The Lawyer’s Role

fed sentencing

 

My clients call it “catching a fed case”.  It means that the “initials”, i.e. DEA, FBI, ATF or IRS are after someone and that means big trouble.  A person charged in a Federal case normally is scared and may start to lose hope especially if the evidence against them is overwhelming.

But the Federal defendant should never lose hope.  If you have an experienced lawyer, then many things can be done during the plea and sentencing stages of the case to make sure your rights are protected and you receive the best possible sentence.  One of my recent cases illustrates this very point.

My client (referred to here as Dan) was charged in a Federal conspiracy with selling over 3,000 pounds of marijuana.  Prosecutors also alleged that he was a supervisor within the conspiracy.  Dan also had a long history of alcohol issues resulting in 3 D.U.I.’s and several probation violations.  Based upon the amount of marijuana, his supervisory role and record, Dan was initially looking at 10 years in prison – a lot of time for selling weed.

But we refused to accept that sentence and did not give up.  Instead, after much legal maneuvering and negotiations, we were able to convince the government to reduce the original charge by limiting the amount of marijuana to under 2,000 pounds.

In addition, motions were filed with the Federal Court to limit Dan’s criminal history and his supervisory role under the “U.S. Sentencing Guidelines”.  The Guidelines are the framework used in Federal Courts by judges to determine an appropriate sentence.  In Dan’s case, the Court granted both motions resulting in another sentence reduction.

A Sentencing Memorandum was filed prior to sentencing in which we argued for a further reduction due to Dan’s work history and family life.  Based upon the memorandum, as well as the other motions, Dan’s sentence which began as 10 years was reduced to 5 years.

Finally, because of his alcohol use, we asked the Court to allow Dan to enter the Federal Drug Program (RDAP) while in prison.  The Court agreed and the program will not only help Dan with his alcohol issue but will further reduce his sentence approximately 18 months in addition to the other reductions.  Therefore, Dan could be released after serving 42 months in prison – a much better result than the initial 10 years.

If you are charged or under investigation in a Federal case, there is no reason to give up hope or think that all is lost.  As illustrated above, an experienced Federal lawyer who has knowledge of the U.S. Sentencing Guidelines is crucial in working to get you a great result.

If you need a lawyer for a criminal or Federal case, call Attorney W. Joseph Edwards (614-309-0243) who has over 25 years experience representing clients in these legal matters.

Most Popular

Social Media

Categories
Archives

Categories

Share:

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
On Key

Related Posts

Bearing or Scaring? When do Second Amendment rights become unlawful?

Bearing or Scaring?

When do Second Amendment rights become unlawful?             When a large group of Black Lives Matters protestors unexpectedly marched into their gated St. Louis community,