In cases that involve many individuals who are charged with the commission of the same crime, it has increasingly become a problem for one person’s legal counsel to hear incriminating statements about the person from another individual who was involved in the offense. Fortunately, the Bruton doctrine can be used to suppress these statements. If you… Read More
Battling a Felony Charge A felony is a very serious criminal charge, and the resulting penalties can be severe. If you are convicted of a felony, you face very serious consequences including large fines, imprisonment, and social stigma that can last the rest of your life. To reduce your chances of facing these challenges, you… Read More
What You Need to Know About a Felony Arraignment Being charged with a criminal offense can be an overwhelming experience. There is a risk that effects from these charges can end up following you for the rest of your life if not properly handled. By understanding as much as possible about the criminal process, however,… Read More
Four Tips for Responding to Felony Charges No matter the type of felony charges you face, you should take your charges seriously. A conviction for a felony offense can lead to severe penalties including fines, imprisonment, and more. To respond to these charges, it is often a wise idea to obtain the assistance of an… Read More
Key Components of Federal Felony and State Felony Charges While some criminal offenses are classified as misdemeanors, others are classified as felonies. A person can also be charged with either state or federal felonies, which have some distinct differences. If you end up facing either a federal felony indictment or state felony charges, you should… Read More
Section 851 of the Controlled Substances Act (or, 21 U.S.C. 851) authorizes federal prosecutors to use a defendant’s prior felony drug conviction to subject a defendant to an increased penalty. This law is commonly used in appeals. Recently, the Ninth Circuit in United States v. Ocampo-Estrada vacated a 20-year mandatory minimum sentence that was imposed… Read More
The word “felon” is not one that many people want to be associated with. The term not only brings about many legal implications, but also a harsh social stigma. If you are charged with a felony, one possible tactic is to try to reduce your sentence to a misdemeanor. What is a Felony Versus a… Read More
A case that got appealed to the Circuit Court of the District of Columbia following a conviction for second-degree murder has been overturned in the defendant’s favor because the prosecutor made an interesting mistake: He got the law wrong. The case began in Germany, when ex-military member Rico Williams, who had stayed abroad to be… Read More
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
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