What to Look for in a Criminal Defense Attorney Choosing the right criminal defense attorney can make all the difference in the outcome of your case. Remember, this person will advocate on your behalf, representing your story and seeking the best possible outcome for you. Choose someone you trust to be your voice in the courtroom. Here are the key qualifications you should consider: Experience First and foremost, look for an attorney with a robust background in criminal defense, particularly in handling cases similar to yours. Experience in navigating the complexities associated with this type of case, as well as the larger criminal justice system, is invaluable. Specialization Ensure the attorney specializes in criminal law and has a solid track record in dealing with the specific type of crime involved in your…Read More
Breaking Down The Federal Appeals Process If you’ve been convicted in a federal criminal trial, you have the right to appeal the decision. If you do, you’ll need to pay careful attention to detail, as well as have a decent understanding of the process. Why? Because the federal appeals process is incredibly complex and must be followed precisely. I’ll overview it for you here. Notice Of Appeal The first step is filing a notice of appeal with the district court that handled your case. Generally, this must be done within 14 days after the judgment or order you’re appealing, as specified in Rule 4(b) of the Federal Rules of Appellate Procedure. Grounds For Appeal You need valid grounds to appeal. These can include such things as legal errors, such as the improper…Read More
Pasadena, California, criminal defense attorney explains why the rapper P Diddy was denied release on bail after his arrest last week and what it could mean for you if you are arrested. After nearly a year of lawsuits, police raids, and investigations, grammy award-winning Rap mogul Sean “Diddy” Combs has been arrested in New York on federal charges. Indicted by a grand jury for Racketeering, criminal conspiracy, sex trafficking, and transporting sex workers across state lines, the Bad Boy went quietly, no doubt hoping to be out by the next day on bail. Unfortunately for him, the New York federal judge on the case denied bail both initial bail and his defense attorney’s request for release on bond. Ouch. If a millionaire Californian like P Diddy cannot get released from jail before…Read More
Federal Sentencing Guidelines Federal sentencing guidelines are like the rulebook that judges use to determine fair and consistent sentences for individuals and organizations convicted of serious crimes in the U.S. federal court system. Established by the United States Sentencing Commission, these guidelines ensure that similar offenses receive similar punishments, avoiding the wild swings that can happen without a standardized system. Key Elements Now, let’s quickly delve into fundamental aspects of federal sentencing guidelines. Here, I’ll outline key elements that shape these guidelines and their application in the judicial process. Offense Level Every crime is assigned a base offense level, which is a starting point for sentencing. This level can be adjusted depending on the specifics of the case. For instance, if a crime caused significant harm or if the defendant played a…Read More
Preparing for a Federal Criminal Trial Preparing for a federal criminal trial is a comprehensive and meticulous process involving several key steps that require careful planning, thorough investigation, and a strategic decision-making process to develop the best possible defense. Here's an overview of the general steps a defense attorney would take: Initial Meeting You’ll meet with the attorney and discuss the charges. Their goal should be to understand the situation from your perspective as well as to explain the legal process and the potential outcomes to you. The attorney will begin gathering facts, too. Review Charges Your attorney will continue with an initial investigation. They’ll likely obtain the discovery so as to get the indictment against you. They’ll also gather documents, identify witnesses, and begin collecting relevant evidence. Discovery The government is…Read More
Pretrial Conferences in Federal Court An important aspect of a federal criminal case that happens early on is a pretrial conference. Pretrial conferences are designed to ensure that the trial proceeds smoothly and efficiently. They minimize the likelihood of errors and misunderstandings, thereby promoting a fair and just legal process. How you handle a pretrial conference can, in some ways, set the tone for the remainder of your case, so be sure to read through this section carefully. Let’s dig in a little deeper: Clarification Pretrial conferences help identify and clarify the precise issues in dispute, streamlining matters that will be addressed at trial, thus making the process more efficient and focused. Planning The judge and attorneys discuss the trial schedule, the order of witnesses, and the presentation of evidence. This includes…Read More
Comparing Federal and State Arrest Procedures Both federal and state arrest procedures adhere to general constitutional principles. There are marginal differences in some areas, such as the title for prosecutors and detention facilities. Federal prosecutors, known as Assistant United States Attorneys, handle federal cases and try them in Federal Court. In contrast, state prosecutors, known as Deputy District Attorneys, handle state cases in State Court. People arrested by federal officers are usually detained in federal detention centers or facilities contracted or controlled and managed by federal agencies. Those arrested by state or local officers are held in county jails. These minor differences aside, federal and state arrests differ significantly in jurisdiction, authority, and specific practices. Jurisdiction Federal arrests are carried out by federal law enforcement officers such as FBI agents, DEA agents,…Read More
Unpacking Federal And State Crimes Whether you or someone you know has been accused of a crime, or you’re just curious about the law, we need to start with the basics. Part of that is understanding the distinction between federal and state crimes. Each involves different laws, jurisdictions, prosecuting agencies, courthouses, and potential penalties. A federal crime is an offense that is illegal under United States federal law and prosecuted by federal government agencies such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), or the Department of Homeland Security (DHS). Federal crimes typically involve violations of statutes enacted by Congress and cover a wide range of activities, including: International And Interstate Activities These are crimes that cross state or national lines, such as drug trafficking, human trafficking, or…Read More
Assault vs Battery In California It is common for many to use assault and battery interchangeably. However, they are two criminal offenses that mean different cases entirely. This guide will help you to understand the major difference between assault and battery under California laws. What Is A Battery Under California Laws? A battery under California laws is when an individual charges another with a violent act. Hence, an offense is considered a battery when the violent act is carried out willfully with the precise intent of causing harm. Even if the action was done indirectly or the push did not cause pain, it is still considered a battery. A battery can also be in two panels; panel code 242 and panel code 243. Charges are under a panel based on the severity…Read More
