The Lost Art of Departures Under the United States Sentencing Guidelines
Dec 28, 2011
There is no doubt that the Supreme Courts 2005 decision in United States v. Booker effectuated a monumental step forward in the federal sentencing process.The United States Sentencing Guidelines are no...
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Exploring a Duress Defense for Outdoor Marijuana Grow Cases
Dec 28, 2011
Washington is a popular place to grow marijuana - especially for drug cartels.These outdoor grows are large, remotely located, and frequently worked by unsuspecting immigrants.The story is familiar: im...
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Defending a Client with Mental Health Issues
Dec 28, 2011
If your client appears to be suffering from mental health issues, then consider taking the following actions:...
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Federal Criminal Defense - The "Fast Track" Early Disposition Program
Dec 28, 2011
The Early Disposition Program (aka Fast Track) is sexy in theory.In exchange for giving up just a few unimportant rights, your client receives a three-level reduction under United States Sentencing Gui...
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Federal Criminal Defense - Why Criminal Records Always Matter
Dec 28, 2011
In a recent illegal re-entry case of mine, the United States provided its standard discovery, which included not only a criminal history summary provided by the United States Border Patrol, but also m...
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Federal Criminal Practice - E.D. Washington - Document Your Discovery
Dec 28, 2011
The Eastern District of Washington operates under an open discovery policy.That is, the Magistrate directs the United States to provide to defense counsel all discovery under Federal Rules of Criminal ...
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Communications Not Covered By Attorney-Client Privilege
Jun 20, 2010
Facts Lawyers consistently screw up on this point. The attorney-client privilege extends only to communications and not to facts underlying communications. Here is a perfectly legitimate question: ...
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A Brief Look into the Federal Sentencing Process
May 22, 2010
A Change of Plea Hearing Occurs First, a change of plea hearing occurs. (It is also possible that a defendant is convicted by a jury at trial, but this is far less common). At that change of plea h...
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Joint Defense Agreements
May 22, 2010
Attorney-Client Privilege The attorney-client privilege is generally waived if confidential information is disclosed to a third party, i.e., someone who is not the attorney, the client, or their agen...
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Understanding Who You Can Sue Under Section 1983
May 20, 2010
State and Local Officials State and local officials can be sued in their personal capacities, even though the claim for relief arose out of the official's formal responsibilities. These officials ca...
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