The Fourth Amendment prohibits searches or seizures that are considered “unreasonable.” However, one way that law enforcement can get around this prohibition is to get a search or an arrest warrant. Warrants are acquired behind the scene, between the police and prosecutors, on the one hand, and a judge or magistrate, on the other. As… Read More
Federal Crimes
Getting a Departure from the Sentencing Guidelines is an Uphill Battle
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… Read More
Federal or State Court: Which One Will Try Your Case?
If you’re under suspicion or being charged with a crime, you might be wondering where your trial might take place. Federal and state court jurisdictions usually have some overlap, so which one will try your case? Knowing whether you’ll be charged and tried at the state level or federal level is important because the procedures… Read More
Supreme Court to Address Conflict of Interest in Death Penalty Case
On “Leap Day” this year (February 29, 2016), the Supreme Court is scheduled to hear an important case that could have an impact on the definitions of conflict of interest. As the Constitution Center reports, the case of Williams v. Pennsylvania will address questions related to whether a state supreme court justice should have recused… Read More
Steps to Prepare Your Defense Against Federal Criminal Charges
If you’ve been charged recently with one or more federal crimes, it’s important to understand that the prosecuting attorneys have likely already built a fairly solid case against you. This also means you probably won’t have a lot of time to prepare your defense once the charges are filed. This has to do with the… Read More
Key Differences Between State and Federal Criminal Charges
While being charged with a crime can be frightening enough on its own, understanding whether you’re being charged under state or federal law (and the ramifications of each) can be equally confusing. There are some key differences between state and federal criminal charges as to how (and where) they are tried, and an experienced criminal… Read More
Impact of Johnson v United States on ACCA Constitutionality
There are several ways to challenge the application of the ACCA in court since the decision in Johnson. On direct appellate review. A decision invalidating the ACCA’s residual clause as unconstitutionally vague will apply in any case where the prisoners conviction has not yet become final Prisoners on collateral review per 28 USC 2255. It… Read More
Changes To The Armed Career Criminal Act (ACCA)
Unites States Supreme Court case of Johnson v. United States, decided June 26, 2014, determined that imposing a sentence under ACCA’s residual clause violates due process. The definition of “any felony involving conduct that presents a serious potential risk of physical injury to another” requires a determination if it is, in fact, a violent crime…. Read More
Can My Charges Be Reduced?
A common question we receive from clients who are facing criminal charges is, “Can my charges be reduced?” The short answer is yes, it is possible for charges to be reduced or even dropped. However, it bears some further explanation. When criminal charges are brought against you, they are brought by the prosecuting attorney, who… Read More
Why Is My Crime a Federal Offense?
Here in the U.S., most of us live under multiple governmental jurisdictions (local, state and federal), and most crimes are prosecuted in either state or federal court. This can be confusing for the defendant charged with a federal crime. What, exactly, makes your crime a federal offense, rather than a local or state offense? The… Read More