The Fifth Amendment to the U.S. Constitution provides, in part, that no “person [shall] be subject for the same offense to be twice put in jeopardy of life or limb.” This is commonly called the “Double Jeopardy Clause.” Many people understand the constitutional protection against double jeopardy to mean that a person cannot be tried… Read More
Sentencing
What is the First Offender Program?
Understanding the First Offender Program Following a first arrest, it is common to end up experiencing a number of emotions such as confusion and fear. Because most people think that they will never end up facing criminal charges, it is often bewildering to be charged with a criminal offense for the first time. Continue reading… Read More
What are the Federal Sentencing Guidelines?
Understanding the Federal Sentencing Guidelines Established in 1984, the Sentencing Reform Act created the United States Federal Sentencing Guidelines. Before this time, federal judges had much more discretion regarding how to sentence people convicted of criminal offenses. Unfortunately, this discretion sometimes led to unequal sentences for the same criminal offense. The sentencing guidelines, however, helped… Read More
Post-Conviction Options You Should Consider
Options After Post-Conviction There are a number of possible options for a criminal defendant post-conviction, and an experienced criminal defense lawyer can help make sense of them all. While being convicted of a criminal offense can create some substantial obstacles in a person’s life, there are some ways to greatly decrease the resulting impact. The… Read More
Sentencing Errors & Appeals For Resentencing
A former USA Gymnastics and Michigan State physician was charged in December, 2017 of sexually abusing hundreds of women and girls under the guise of providing medical treatment and sentenced to 60 years in prison. The former physician was also later convicted in Michigan state court after a large collection of child pornography was found… Read More
The Constitutional Right to Bail
Bail is an agreement that the court will authorize a person’s release provided that the person promises to follow any conditions listed by the court. If a person fails to satisfy any of the terms of a bond, he or she will be returned to jail to await trial. The Power of the Eighth Amendment… Read More
Can a Parole Board Decision be Appealed?
Parole plays a role in the lives of many convicted individuals. The purpose of parole is to help a previously incarcerated person resume life in society under the guidance of a parole officer. Two of these elements include helping a person with housing and employment-related issues. Additionally, parole serves the purpose of protecting society from… Read More
What is a Pre-Sentence Report?
A pre-sentence report is provided to a court before the sentencing of someone who has offended criminal rights. These reports are prepared by probation officers between a person’s conviction and the date that is set for sentencing. The purpose of these reports is to be used by judges in cases involving felonies. The reports are… Read More
Should I Appeal My Conviction Sentence?
Although you might feel that a sentence in a criminal case is an immovable challenge, there are still some options left for individuals, including an appeal. Some decisions, however, can be appealed if a conviction is unfair or a trial was improperly conducted. If there was any improper or unlawful element in your trial, it… Read More
Successful Decatur Pretrial Detention Release can Set the Tone for the Rest of the Federal Case
In June of 2016, lawyers prepared for a trial for several men charged in the fatal 2014 shooting at Macon’s Wings Cafe, according to The Telegraph. The lawyers hashed through pretrial issues during the hearing at the Bibb County courthouse. The crime in question, according to authorities, involved members of the Blacc Team and Gangster Disciples… Read More