I'm facing a 10 year mad/min sentence. If 851 motion is filed, I can get 20. If I cooperate, where will they start my downward s
Downward departures begin from wherever the court decides the recommended Guidelines range is.
Durham, NC
Federal crime Lawyer at Durham, NC
Practice Areas: Federal Crime, Administrative Law ... +4 more
Downward departures begin from wherever the court decides the recommended Guidelines range is.
DEA isn't the judge, DEA can cry but they can't do squat besides ASK to revoke you. The judge makes that call, based on counsel from Judge's arm...
Yes, the Sixth Amendment requires counsel at all "critical stages of the prosecution." There are a few non-critical stages, but the presumption is...
In my experience, the 5K letter usually doesn't appear until AUSA and I are speaking in the courtroom before the sentencing hearing. Sometimes I...
Federal inmates with or working on a GED/HS diploma get about 13 percent off sentence for "Good Conduct Time," if they stay out of trouble (which...
Yes, both federal and State authorities can prosecute if they have jurisdiction. Generally only one will prosecute, just based on costs. Some...
Nope, I'm afraid the "Good Conduct Time" (GCT) credit in Federal BOP is about 13 percent of sentence, because of how the BOP calculates on actual...
The Federal Bureau of Prisons (BOP) uses "program statements" as their controlling policies. Security scoring is controlled by P.S. 5100.08,...
Unless the Plea Agreement binds the court too, under Criminal Rule 11(c)(1)(C), the judge is free to make up own mind despite the parties'...
Technically the Federal Bureau of Prisons can assign you to a halfway house. It is far more likely they will not, as a matter of policy...