Answering Question 8 on Florida's CWP Application?

A no contest plea results in an adjudication of guilt. That adjudication was withheld. The answer is yes.

Does the prosector have to file a 5k.1 motion, before you get a downward departure.

The guidelines are advisory so the judge can credit your cooperation even without a 5k1.1 motion. However, if there is a mandatory minimum, the...

How often does a federal judge go with the recommendation of the State Attorney

Your lawyer is in the best position to assess your likely sentence. The judge will consider the prosecutor's recommendation but also many other...

Mitigating circumstances?

A mandatory minimum is mandatory. The judge cannot sentence below the mandatory minimum except in cases of cooperation (in federal court) when the...

Can charges be counted on a PSR if there was no time served for them?

Probationary sentences receive 1 criminal history point if they occurred within 10 years of the current offense. There are minor exceptions, such...

Is is there any way to beat a delivery charge due to technicalities in the paperwork and not testing the substances?

If you decide to take your case to trial, they will send the drugs to the lab. The state is required to prove that the substance is controlled.

The ATF decides which cases to present for prosecution, then a federal prosecutor decides whether to bring charges. It is likely that if the ATF...

How does being under investigation of conspiracy work?

If you are under investigation, cops or federal agents interview witnesses and subpoena documents and try to build a case against you. When they...

Someone charged with a 924(c) can still cooperate and qualify for a motion under USSG 5K1.1 for a downward departure. That motion would give the...

Typically a 5k motion is part of a plea agreement. If you go to trial, the government's position is that your defense is a lie. That means you do...