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I have been indicted in federal court for wire fraud and money laundering. Is there a minimum sentence or is probation possible

Murfreesboro, TN |

I am wondering with no criminal history if probation is possible?

Attorney Answers 6

Posted

Yes. With recent changes to sentencing in federal court you can get probation. We have been very successful in federal court in mitigating our sentences. If you would like to talk about specifics of your case, please call

Claiborne H. Ferguson, Esq. is * Certified as a Specialist in Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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Posted

There are so many variables involved, it is impossible to answer your question. In most such cases, probation will not be a likely outcome. What you need to do is consult with your federal defense lawyer, understand the evidence against you, the amount of loss attributed to your alleged criminal conduct and an explanation of the how the federal sentencing guidelines may apply to your fact pattern. The amount of loss will be the significant factor that drives the determination of the guidelines. Best of luck to you.

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2 comments

Asker

Posted

$1.6M for wire fraud and $60,000 on money laundering. Does that give you a better idea?

Lori Doganiero Palmieri

Lori Doganiero Palmieri

Posted

Without substantial coopertion credit, the likelihood of probation on this amount of loss is slim to none.

Posted

It should be "possible," but that doesn't mean it's likely. You need a lawyer who has Federal court experience to defend you; part of his job will be to advise you of both the sentences that are possible, and those that are likely.

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Posted

In order to respond to your question, more information is necessary. For example, under the Sentencing Guidelines, money laundering's offense level depends on numerous factors. The same is true for wire fraud. Additionally, the statute with which you have been charged may have a mandatory minimum sentence.

You should hire a competent federal criminal defense attorney. If you cannot afford one, the court will appoint one for you. Only in speaking with your attorney and sharing all of the facts and circumstances, can your question be answered.

No attorney-client relationship is created by responding to any question on Avvo. Further, nothing contained in any response may be relied upon as legal advice.

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Posted

Is probation possible? Anything is possible, but you're going to have to discuss the particulars with an attorney experienced in practice in the jurisdiction where you've been indicted. Then and only then can someone advise you.

And whatever you do, don't discuss the particulars in a public forum.

Good Luck.

The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.

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Posted

Neither the wire fraud nor money laundering statute prescribe mandatory minimum terms of imprisonment; therefore, theoretically, a non-custodial sentence is possible. However, if you are found guilty by a judge or jury, or you enter a plea of guilty to the charges, the district judge will determine your sentence by (1) calculating your advisory US Sentencing Guidelines range; (2) considering all of the sentencing factors in 18 USC Section 3553(a) as they relate to you and your case, individually (nature and circumstances of the offense, personal history and characteristics of the defendant, etc.); and (3) deciding whether a sentence within, above or below that Guidelines range is "sufficient but not greater than necessary" to comply with the purposes of the sentencing statute (3553(a)), and is otherwise "reasonable." Of course, the lower your advisory Guidelines range is, the more likely your sentence will not include a term of imprisonment. Call to discuss if you would like.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

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