After a prisoner has spent even a short amount of time in jail, he or she may begin to wonder whether his or her release can happen sooner than expected. In these instances, many imagine petitioning for parole, going before a committee and pleading for their release. However, this option is not available to all… Read More
Sentencing
Mandatory Sentencing Minimums
In March of 2016 the United States Sentencing Commission detailed that more than half (56.8%) of offenders in the federal prison population were convicted of an offense carrying a mandatory minimum penalty. What are Mandatory Minimums? Mandatory minimums are sentencing laws that require a specific minimum prison term to be imposed on offenders who are… Read More
Release from Imprisonment Pending an Appeal
After a defendant is convicted and sentenced, the worry becomes time spent in imprisonment. What happens when a defendant has a case for an appeal? In some instances, defendants can be released from imprisonment on bail even after they have been convicted and sentenced, while they appeal their convictions. Rules of Detainment The federal rules… Read More
Felony Law: What You Need To Know
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
Negotiating a Plea: The Basics
In many criminal cases, the opportunity to take a plea will arise. This is inevitably a difficult decision for anyone to make. One must weigh the short and long term pros and cons of accepting a plea bargain. Therefore, it is imperative that a defendant understands the intricacies of taking a plea before entering into… Read More
Rule 35: When You Believe the Jury’s Sentencing Verdict was too Strong
You are the defendant in a federal criminal case awaiting your sentencing, having already been found guilty. The jury delivers the maximum sentence available and your body goes completely numb. Is this decision final? Is there any way that the sentence can be reduced? Yes. One possibility is through Rule 35. What is Rule 35?… Read More
Supreme Court Refuses to Hear Ineffective Assistance of Counsel Case
A death penalty case from the state of Washington that had been appealed to the Supreme Court of the United States was recently rejected by the Court. However, despite the fact that it was rejected, the case still offers valuable insight into how difficult it is to overcome cases that involved ineffective assistance of counsel… Read More
Why the Criminal Justice System Exists
The criminal justice system in the United States is such a big part of our lives that it is easy to accept it as a necessity without much thought. However, for something so integral to our lives, that should not be the case. Everything in the government should have its purpose, including the very concept… Read More
When Habeas Corpus Was Suspended: Lessons from the Civil War
If you have been convicted of a crime and are being held in jail, you still have several options. One of these options is to appeal your conviction, arguing that the court that convicted you made one or many mistakes, and that your conviction was, therefore, wrongful. However, even if you have exhausted all of… Read More
The Federal Sentencing Guidelines
In the 1980s, the United States went through a phase in its criminal justice system that we are still dealing with today. Back then, police, prosecutors, and other law enforcement officials got the ear of prominent politicians and the public, and convinced people that we had to be “tough on crime.” New laws were passed… Read More