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