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Accomplice Liability in Criminal Cases

Overview Accomplice liability has been one of the more difficult concepts for clients to grasp – and for good reason. Under federal law, a person who orders, aids, abets, or assists in the commission of a crime can be charged with the underlying crime and will face the same penalties as the primary offender.   Accomplice […]

Actual vs. Constructive Possession in Criminal Cases

Many statutes relating to firearms or controlled dangerous substances require the State or Federal Government to show that a defendant unlawfully “possessed” the firearm or drugs. Many defendants are well aware of what the law considers “actual possession.” Simply put, this is when the police find a firearm or drugs on your person, or you […]

What is a Preliminary Hearing?

There are several stages of a criminal case, but one of the first substantive steps will be the Preliminary Hearing. The Preliminary Hearing generally takes place within weeks of an arrest, but the hearing is not an opportunity to adjudicate whether the Defendant is innocent or guilty. Instead, the purpose of the hearing is to […]

Federal Conspiracy Charges

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 […]

United States Sentencing Guidelines & Departures

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” […]

Sentencing in Federal Court: United States Sentencing Guidelines

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 […]

Bail and Pretrial Release in Federal Cases

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 […]

Overview of Federal Drug Crimes

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 […]