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Challenging the Drug Quantity Used to Calculate Your Sentence
Challenging the Drug Quantity Used to Calculate Your Sentence If you’ve been convicted of a federal drug crime, one of the most important factors determining your sentence is the quantity of drugs involved. Under federal mandatory minimum sentencing laws, the amount of drugs can trigger long prison terms of 5, 10 years or more. Many […]
read moreHow the Federal Sentencing Guidelines Work in Drug Cases
How the Federal Sentencing Guidelines Work in Drug Cases The federal sentencing guidelines are used to determine prison sentences for people convicted of federal drug crimes. They were created in 1984 to make sentences more consistent and fair across the country. Here’s a quick overview of how they work: The Guidelines Manual The United States […]
read moreHow to File a Federal Appeal Without an Attorney
How to File a Federal Appeal Without an Attorney Filing a federal appeal without a lawyer can seem intimidating. But with some research and preparation, its possible to navigate the process successfully. This guide breaks down the basics so you can submit an effective pro se (representing yourself) appeal. Should You Handle Your Own […]
read moreMistakes That Can Sink Your Federal Appeal
Mistakes That Can Totally Screw Up Your Federal Appeal So you lost your federal case and want to appeal. That sucks, I feel you. But be careful – filing a federal appeal is super tricky. Make one wrong move and your appeal’s toast, no matter how strong your argument. I talked to some appeals lawyers […]
read moreUnderstanding Federal Appeals Court Jurisdiction and Venue
Understanding Federal Appeals Court Jurisdiction and Venue The jurisdiction and venue of federal appeals courts can be confusing to understand. This article aims to explain the key concepts in plain English, so you can better grasp the role these courts play in the judicial system. What is a Federal Appeals Court? Federal appeals courts, also […]
read moreThe Key Differences Between Civil and Criminal Federal Appeals
The Key Differences Between Civil and Criminal Federal Appeals If you ever find yourself involved in a legal dispute that ends up in federal court, whether civil or criminal, it’s important to understand the basics of the federal appeals process. I learned this the hard way when a business deal went south. My former business […]
read moreCommon Federal Convictions Overturned on Appeal
Common Federal Convictions Overturned on Appeal Getting convicted of a federal crime can be a terrifying experience. Even if you’re innocent, the odds seem stacked against you. Prosecutors have huge budgets and loads of resources. And judges and juries usually trust them. Luckily, the appeals process gives people a second chance. Appeals courts take […]
read moreDrafting a Winning Brief for Your Federal Criminal Appeal
Drafting a Winning Brief for Your Federal Criminal Appeal If you’ve been convicted of a federal crime and want to appeal, drafting a solid brief is crucial. This article will walk you through the key elements of a winning appeal brief in plain English, with examples and tips I’ve learned from my own experience as […]
read moreMeeting Strict Federal Appeal Filing Deadlines
Meeting Strict Federal Appeal Filing Deadlines Filing an appeal in federal court can be tricky business—there’s lots of strict deadlines you gotta meet, or your appeal goes nowhere. Trust me, I learned this the hard way! My client lost his case in district court and wanted to appeal, but we blew the deadline for filing […]
read moreArguing Ineffective Assistance of Counsel on Federal Appeal
Arguing Ineffective Assistance of Counsel on Federal Appeal If you feel like your lawyer really messed up during your criminal trial, you may be able to argue ineffective assistance of counsel on appeal. This basically means your lawyer was so bad that it violated your constitutional right to a fair trial. But it’s really hard […]
read moreAppealing Federal Guilty Pleas and Plea Bargains
Appealing Federal Guilty Pleas and Plea Bargains Pleading guilty in a federal criminal case is a big decision that can have lifelong consequences. Many defendants choose to take a plea bargain to avoid the risk of a trial and potentially longer sentence. But what happens if you later regret your guilty plea or feel it […]
read moreArguing Prosecutorial Misconduct on Federal Appeal
Arguing Prosecutorial Misconduct on Federal Appeal Prosecutorial misconduct refers to improper, illegal, or unethical behavior by a prosecutor during a criminal trial. This can include suppressing evidence, improper examination of witnesses, improper closing arguments, and other actions that violate a defendant’s constitutional rights. If you believe prosecutorial misconduct occurred during your federal criminal trial, […]
read moreActing Fast Before Federal Appeal Deadlines Expire
Acting Fast Before Federal Appeal Deadlines Expire If you or a loved one have been convicted of a federal crime, you probably feel scared, angry, and overwhelmed. I get it. The legal system can be confusing and unforgiving. But there is hope! You have the right to appeal your conviction or sentence. But you […]
read moreGetting a New Trial After Winning a Federal Appeal
Getting a New Trial After Winning a Federal Appeal Winning a federal appeal is a major accomplishment, but it doesn’t always mean the case is over. In some situations, winning the appeal simply results in the higher court sending the case back down for a new trial. This article will explain when and why […]
read moreJumping Through Hoops to Get Federal Appeals Records
Jumping Through Hoops to Get Federal Appeals Records Trying to get records from federal appeals courts can be a real pain. There’s all these hoops you gotta jump through just to get the documents you need. It’s like they don’t want people to see what’s going on behind the scenes or something. First thing is […]
read moreUnderstanding Federal Appeal Bonds and Bail Options
Understanding Federal Appeal Bonds and Bail Options When someone is arrested and charged with a crime in federal court, they often have to deal with the bail system. Bail is money or property that an arrested person gives to the court to let them be released from jail until their trial. Getting out on bail […]
read morePetitioning for Cert After Losing a Federal Appeal
Petitioning for Cert After Losing a Federal Appeal Losing a case at the federal appeals court level can be devistating. You feel like all your hard work was for nothing. But don’t give up hope! There are still options, like petitioning the Supreme Court for a writ of certiorari. This is your chance to get […]
read moreCommon Federal Appeal Oral Argument Mistakes
Common Federal Appeal Oral Argument Mistakes When preparing for oral argument in a federal appeal, it’s important to avoid some common mistakes that can undermine your case. Here are some of the top mistakes to watch out for and how to prevent them: Treating It Like a Jury Argument One of the most common mistakes […]
read moreUsing FRE 801(d)(2) to Admit Opposing Party Statements
Using FRE 801(d)(2) to Admit Opposing Party Statements The Federal Rules of Evidence 801(d)(2) provides an exception to the hearsay rule, allowing statements by opposing parties to be admitted into evidence. This rule can be a powerful tool for litigators to get damaging statements by the other side into the record. However, there are important […]
read moreOvercoming Hearsay Objections Using FRE 803 Exceptions
Overcoming Hearsay Objections Using FRE 803 Exceptions Hearsay evidence can often be a major roadblock in trials. But luckily, there are a number of exceptions that can help you get hearsay admitted into evidence. In this article, we’ll break down the various exceptions under Federal Rule of Evidence 803 that can help you overcome those […]
read moreAdmitting Business Records Using FRE 803(6) in Counterfeiting Trials
Admitting Business Records Using FRE 803(6) in Counterfeiting Trials When prosecuting counterfeiting cases, one of the key challenges for prosecutors is admitting business records into evidence to prove essential elements like the authenticity of a trademark. However, business records contain hearsay statements that would normally be inadmissible. Fortunately, Federal Rule of Evidence 803(6) provides […]
read moreUnderstanding the FRE and Federal Rules of Criminal Procedure
Understanding the FRE and Federal Rules of Criminal Procedure The Federal Rules of Evidence (FRE) and the Federal Rules of Criminal Procedure are super important for anyone involved in the criminal justice system to understand. As a non-lawyer, trying to wrap your head around these complicated legal rules can be intimdating. But having a basic […]
read moreHow the Federal Sentencing Guidelines Apply to Counterfeiting
How the Federal Sentencing Guidelines Apply to Counterfeiting Counterfeiting, which involves making fake currency or other financial instruments, is a serious federal crime that carries stiff penalties. The Federal Sentencing Guidelines provide recommended sentencing ranges based on the specifics of each counterfeiting case. How the Guidelines Calculate Sentencing Ranges The guidelines use a point system […]
read moreChallenging Sentencing Enhancements in Federal Counterfeiting Cases
Challenging Sentencing Enhancements in Federal Counterfeiting Cases Counterfeiting cases are on the rise in federal courts across the country. While counterfeiting often seems like a victimless crime, it can have serious consequences for businesses, consumers, and the economy. When defendants are convicted of federal counterfeiting crimes, they may face severe sentencing enhancements that can add […]
read moreUnderstanding Your Criminal History Score in Counterfeiting Sentencing
Understanding Your Criminal History Score in Counterfeiting Sentencing If you have been charged with counterfeiting offenses, one of the most important factors that will impact your sentence is your criminal history score. This score, calculated based on your past convictions, helps the judge figure out how much time you should serve. Understanding how this score […]
read moreHow the Sentencing Table Works in Federal Counterfeiting Cases
How the Sentencing Table Works in Federal Counterfeiting Cases Counterfeiting cases involve the manufacturing, copying, or distribution of goods under someone else’s trademark without their permission. This includes making fake money, designer goods, or other products with the intent to defraud buyers. Under federal law, counterfeiting is illegal and carries stiff penalties. When a defendant […]
read moreHow the Loss Amount Drives Sentence Length in Counterfeiting Cases
How the Loss Amount Drives Sentence Length in Counterfeiting Cases Counterfeiting cases involve the production of fake goods or currency to defraud buyers. The severity of the sentence depends largely on the monetary loss caused by the counterfeiting scheme. This article examines how federal sentencing guidelines tie sentence length to loss amounts in counterfeiting convictions. […]
read moreArguing Loss Amount at Federal Counterfeiting Sentencings
Introduction Counterfeiting is a serious crime that can have major economic impacts. Under federal law, defendants convicted of counterfeiting face potentially lengthy prison sentences, with the specific sentence dependent on factors like the loss amount and the defendant’s criminal history. Loss amount – the financial loss attributable to the counterfeiting – is a critical […]
read moreHow Number of Victims Impacts Sentencing in Counterfeiting Cases
How Number of Victims Impacts Sentencing in Counterfeiting Cases Counterfeiting is a serious crime that impacts both companies and consumers. When people produce, sell, or distribute counterfeit goods, it not only hurts the company whose trademark is infringed, but also impacts consumers who may unknowingly purchase inferior or dangerous products. Trafficking in Counterfeit Goods or […]
read moreHow Abuse of Trust Enhancements Apply in Counterfeiting Cases
How Abuse of Trust Enhancements Apply in Counterfeiting Cases Counterfeiting is a serious crime that can have major consequences for public health and safety. When defendants abuse positions of trust to facilitate counterfeiting schemes, it makes the crime even more egregious. In such cases, federal sentencing guidelines recommend applying sentencing enhancements for abuse of trust. […]
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