Recent Amendments to the USSG Guidelines The United States Sentencing Commission (USSG) has implemented pivotal changes to its Federal Sentencing Guidelines, effective November 1, 2023. These amendments reflect a commitment to the principles of the First Step Act, aiming to make sentencing fairer and more responsive to individual circumstances. Among the notable revisions are the… Read More
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What is the Role of Jury?
In criminal law, under the federal Constitution and under State laws, a criminal defendant has a right to a jury trial. But, what does this mean? What is the role of the jury in criminal trials? In brief, the role of the jury is to hear and see the evidence, to follow the law, to… Read More
What is “Structural Error” and How Can it Help Me Win a New Trial?
If your post-conviction criminal appeal team can demonstrate “structural error,” then you — the criminally accused — will be entitled to a new trial. This is true even if the error was not preserved for appeal, by a timely objection during the trial, or whether the error actually impacted the outcome of the case. In… Read More
Federal Charges Against Marijuana Use
When Attorney General Sessions began advocating for more rigorous enforcement of marijuana use, federal prosecution began to enforce cases involving marijuana use much more strictly. This shift occurred when Attorney General Sessions rescinded the Obama-era memo that allowed federal prosecution in states where marijuana is legal. In states where recreational use of marijuana is still… Read More
Photo Arrays and How They Can Lead to Wrongful Charges
Eyewitnesses play a crucial role in a police investigation of a crime. Arguably, they play too crucial of a role, especially when you consider recent scientific evidence that suggests eyewitnesses are far from perfect and are often outright unreliable sources of evidence. Methods of Eyewitness Identification One way that law enforcement uses eyewitnesses is through… Read More
Recent Inmate’s Death Raises Questions about Police Restraint Techniques
The recent death of a homeless man in Denver while under police restraint is raising new questions over the validity and safety of law enforcement restraint tactics, the Greater New Orleans Times-Picayune is reporting. According to reports, the inmate in question had been arrested and jailed for trespassing and began struggling with police during a… Read More
Top 5 Reasons to File a Motion For a New Trial
If a jury convicts you of a crime, don’t make the assumption that the verdict is final. Most cases go through an appeals process, and the motion for a new trial is a very common part of that process. By filing this motion, your attorney is basically asking the judge to vacate the judgment or… 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
How Do I Get Rid of My Criminal Record?
One of the common questions we receive from people previously convicted of a crime is, “How do I get rid of my criminal record?” There is no doubt that having a criminal record can complicate your life greatly, making it more difficult to get certain kinds of work, to obtain proper housing, etc. While there… Read More
What Is Mortgage Fraud?
In the eyes of the law, mortgage fraud refers broadly to the act of providing false or misleading information on mortgage documents for the purpose of closing real estate transactions that would not go through otherwise. Mortgage loans are complex transactions requiring many qualifications and involving many documents, and often lenders or borrowers attempt to… Read More