April 2016 - Federal Criminal Law Center

Getting a Departure from the Sentencing Guidelines is an Uphill Battle

Posted by Marcia Shein
On April 30, 2016
0 Comments
federal law, Sentencing Guidelines, trial law

If you get convicted in federal court on a federal criminal charge, then the sentencing process will be much more stringent and structured than it would have been if the charge had been for a state crime and heard in a state court. This is due in large part to the Federal Sentencing Guidelines, which […]

Posted by Marcia Shein
On April 27, 2016
0 Comments
Federal Sentencing Guidelines, judges, trial law

One of the interesting intangibles of the federal criminal justice system has always been the uniqueness of each and every judge on the bench. Even though they strive to make the just and fair decision, they are not computers. What one judge might think is the best decision to make might not be what the […]

Posted by Marcia Shein
On April 24, 2016
0 Comments
controlled substances, drug laws

As if getting charged with a crime were not frustrating or confusing enough, many federal crimes can also be prosecuted at the state level. When illegal activity falls within the concurrent jurisdiction of the federal and the state government, the federal government has the option of taking the lead and prosecuting it. However, they can […]

Posted by Marcia Shein
On April 22, 2016
0 Comments
fourth amendment rights, Search And Seizure

The Bill of Rights was written to protect the citizens of the newly-formed United States from the acts of government that had so bothered our country’s founding fathers before the Revolution. By including them in the U.S. Constitution, these pivotal figures meant to prevent the government that they were forming from ever reaching into the […]

Posted by Marcia Shein
On April 19, 2016
0 Comments
Evidence, fruit of poisonous tree doctrine, trial

Getting charged with any crime is the beginning of an incredibly stressful endeavor. This is especially the case when the charge is for a federal crime, which often carries greater penalties if you end up getting convicted. With so much more at stake, it becomes more important than ever to fight against each and every […]

Posted by Marcia Shein
On April 18, 2016
0 Comments
burden of proof, preponderance of evidence, reasonable doubt

The legal world is full of complicated phrases, and even simple phrases that nevertheless hide numerous levels of complexities. From Latin phrases like “res ipsa loquitur” to word pairings that seem to repeat themselves, like “null and void” or “due process,” the law can seem like a needlessly confusing field. When it comes to criminal […]

Getting a Departure from the Sentencing Guidelines is an Uphill Battle

The Confusion of the Federal Sentencing Guidelines

Categories of Drugs in the Controlled Substances Act

The Dangers of Consenting to a Search

Suppressing Evidence Through the Fruit of the Poisonous Tree Doctrine

The Definition of “Beyond a Reasonable Doubt”