Our federal courts detain a significant number of defendants pending trial. A significant reason for the increased detention is a few provisions of The Bail Reform Act of 1984. Generally, the Act favors release pending trial unless the federal government can show that the defendant is a flight risk and/or a danger to the community....Read More

In addition to the typical underlying federal offenses (i.e. drug trafficking), a conspiracy is similarly subject to federal prosecution as a separate offense. Conspiracy charges can carry significant penalties, so if you are charged with a conspiracy, it is important to retain an attorney experienced in handling these matters. What is a Conspiracy? A conspiracy...Read More

Sentencing Guidelines In a prior blog we discussed The Sentencing Reform Act of 1984, and the resultant Guidelines Manual. In short, the Guidelines Manual is used to calculate the potential prison term for a criminal defendant by calculating an Offense Level (using a Baseline Offense Level and Offense Specific Factors) and comparing it with the specific defendant’s “Criminal History Category”...Read More

In response to perceived sentencing disparities across the county, Congress enacted the Sentencing Reform Act of 1984 (“SRA”), which establishes a new sentencing scheme based on “guidelines.” These guidelines are found in the Guidelines Manual. The SRA created the United States Sentencing Commission, which is tasked with creating and regularly amending the guidelines and issuing reports...Read More

Drug arrests can result in either state or federal charges being brought against an individual. We have seen a variety of situations when an individual is arrested — sometimes an individual is initially charged at the state level and the federal government later picks up the case. We have also seen instances where the case...Read More

What is Bail or Pretrial Release? After a person is arrested, he or she is detained and held in jail. Pretrial release, or bail, is the release of the individual until the resolution of the underlying case.  Detention Hearings A detention hearing may happen very quickly after arrest, even as soon as the defendant’s initial...Read More

Drug offenses can be prosecuted at either the state or federal level. Drug crimes may be prosecuted at the federal level if they involve activity across state lines or have some sort of interstate (multi-state) impact. The federal system is much more complex than state criminal justice systems. Generally, prosecutors at the federal level are...Read More

This blog provides a broad overview of the progress of a federal prosecution. Of course, there are several factors that may determine how quickly a case moves and/or if/when a case will reach a particular point in the general process (i.e. early pleas, multiple motions to review detention orders, pre-trial motions, etc.). Initial Hearing/Arraignment Felony...Read More

As discussed in prior blogs, Section 1983 is the most often used vehicle to bring civil rights claims against government officials. Section 1983 allows an individual to bring a claim for money damages against government officials who violate their constitutional rights. Assuming the plaintiff is able to overcome all the hurdles required to get their...Read More

State and local government officials can be sued for money damages in their individual capacity if they violate a person’s constitutional rights. 42 U.S.C. § 1983 provides the statutory vehicle for suing state actors acting under the color of state law. When an official acting under the color of federal law is involved, a plaintiff...Read More