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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
As most know, the Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures at the hands of government officials. When an individual’s Fourth Amendment rights are violated, they are able to bring a claim against government officials for monetary damages. We often handle cases where governmental officials armed with a […]
Section 1983 is a federal statute, which provides private citizens with a way to address violations of federal constitutional and federal statutory rights by persons acting under the color of state law. The Supreme Court has created an implied cause of action – a Bivens claim – when the actors act under the color of federal law. Bivens […]
Premises liability is an area of law that deals with incidents that are caused by an unsafe or defective condition on one’s property. These claims are generally based on a property owner or business’ negligence. All property owners have an obligation to maintain a safe environment on their premises. One of the more common types […]
