Criminal cases are generally resolved in one of two ways – 1) trial, or 2) a plea deal. In the federal system, the vast majority of cases are resolved by guilty pleas. Generally, when a plea agreement is reached, the parties will agree on which charges the defendant will plead guilty to but will leave […]
The presence of a firearm in a federal case is generally bad news. 18 U.S.C. § 924(c) threatens long prison sentences for anyone who possesses or uses a firearm in connection with drug trafficking offenses, and the Federal Government is not shy about charging a defendant under the statute. Unfortunately, it does not matter whether […]
Earlier this month, the Supreme Court of Georgia reversed a defendant’s convictions for felony murder and two firearm charges because the trial court erred by admitting hearsay statements from an accomplice, failed to give a jury instruction on the accomplice-corroboration requirement, and erred by admitting evidence of the defendant’s involvement in two prior shooting. This […]
Having a child be accused of a crime is probably one of the top fears for a parent, but our system does not treat juveniles the same way they do adults. The most obvious reason for the disparate treatment is that juveniles are unable to make fully informed decisions in the way adults are. Accordingly, […]
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 […]
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 […]
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 […]
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. […]
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 […]
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” […]
