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Best Miami Criminal Lawyer For The Worst Situations By: Sunil Punjabi
There are many reasons why a Miami resident would like to have a Miami criminal lawyer work on their case right from the start. When the charges are being framed or the case being investigated by the police, what you say or do has a lot of impact on the next logical steps.(read entire article)(posted on: 2009-11-06)
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Get The Best Legal Help And Miami Criminal Lawyers When You Are In Criminal Soup! By: Sunil Punjabi
A visit to the police office downtown may not be the worst nightmare; it might just be the beginning of one. Some aspects of criminal indictment don't usually take the logical turn, we think it would take. Save yourself and your family from the pain and the horror by getting the best Miami criminal lawyers.(read entire article)(posted on: 2009-11-06)
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Federal Sentencing: A Good Departure Is Hard To Beat By: The central purpose for the enactment of the Unite
The central purpose for the enactment of the United States Sentencing Guidelines was to obtain uniformity in sentencing on a national level. While the Guidelines were intended to eliminate Judge’s personalities and personal proclivities as well as eliminate disparities in regions or districts, the simple fact of the matter is that there are some districts in which downward departures are the rule and other districts where downward departures are either the exception or just never done. Even within districts, the guidelines have done nothing to address the disparity among different judges with regard to their views of downward departures in similar cases. In addition, federal prosecutors are including in written plea agreements a stipulation that no additional downward departure beyond those concessions or agreements contained in the written plea agreement can be sought by the Defendant in what is an obvious effort to eliminate what has certainly become a very fruitful area for creative lawyering in federal sentencing proceedings.
In an effort to put together a meaningful presentation for this seminar, I sought out success stories from my partners and colleagues (Miami criminal defense lawyers), both in the Southern District of Florida, my home court, and from around the country. While the grounds for downward departure are limited only by one’s imagination, here are some departure ideas that have worked successfully and which you might apply in your federal cases in which your client is facing sentencing pursuant to the United States Sentencing Guidelines.
I. Extraordinary post offense rehabilitation.
Unquestionably, the heartland criminal case in federal court is a case in which the arrest and prosecution of the defendant follows very shortly after the offense conduct. There are, however, many federal criminal prosecutions that are not initiated, often times, until the eve of the running of the statute of limitations. In those circumstances, pose the question: What has the defendant done with his or her life subsequent to the offense conduct but prior to the prosecution being initiated?
In United States of America vs. Alexander Chiong, United States District Court for the Middle District of Florida, Tampa, Division, Judge Moody, the defendant was indicted in a significant cocaine distribution case. The Indictment was returned four years and eleven months after the last distribution. There was almost an additional full year before the Defendant came before the Court for resolution of those charges. The amount of cocaine exceeded 150 kilograms (in fact, the government alleges 1,500 kilograms) and the plea agreement provided for stipulations regarding the amount of cocaine, acceptance of responsibility, role in the offense and an agreement that no downward departures pursuant to Chapter 2 of the Sentencing Guidelines would be permitted. In the roughly five years that had transpired since the offense, there was no evidence that the defendant had continued in the drug trade; the defendant worked at extremely laborious jobs in order to provide modest support for his family including lawn maintenance (pushing a lawnmower), pressure cleaning of homes and businesses and auto detailing. In addition, the defendant coached soccer, football and baseball teams that his children were involved in at local parks resulting in the usual plaques and certificates of appreciation given out by the local optimist club, etc. The motion for downward departure was based upon the defendant’s claim that his post offense conduct took the case outside of the heartland of federal drug prosecutions and warranted a downward departure based upon this "extraordinary post offense conduct." The pre-sentence investigation report accurately concluded that the adjusted offense level required a sentence between 135 and 157 months. The court was persuaded that the defendant was not all bad as the government had alleged and that his post offense conduct warranted a four level downward departure resulting in a 97 month sentence.(read entire article)(posted on: 2009-11-05)
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Hire A Professional Criminal Attorney In Bellevue By: DavidFreid
Parker Law Firm is an experienced criminal defense law firm which maintains a special practice and a criminal attorney who is always ready to defend those facing criminal charges.(read entire article)(posted on: 2009-11-05)
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Want More Information On Why Hydroxycut Was Banned? By: Rudy Silva
Using drugs of any kind always poses some kind of health risk. All drugs have side effects. Are you willing to accept them? The use of Hydroxycut ephedra had plenty of side effects. It was pulled off the market by FDA and its manufacturers. Hydroxycut was also banned for its harsh side effects. To read the latest on the legal issues surrounding Hydroxycut, read this article.(read entire article)(posted on: 2009-11-05)
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Should You Stop Using Byetta? By: Rudy Silva
A drug that was not ready for public use, Byetta, has poor clinical results. This drug was found to have some serious side effects. The FDA after approving the drug has now issued a warning. Byetta’s use for Diabetes has limited use. If you use this drug read on and discover what you need to know about it.(read entire article)(posted on: 2009-11-04)
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Was Your Foreclosure Wrongful? By: Nick Adama
In some cases of foreclosure, there may be enough instances of misconduct by the lender to show that the entire process constitutes a wrongful foreclosure. Many states even have common law regarding this issue(read entire article)(posted on: 2009-11-04)
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Is It Ok To Use Byetta For Weight Loss? By: Rudy Silva
Byetta, a drug for controlling blood glucose, has been given a FDA warning. This drug has been found to have some serious side effects. The FDA after approving the drug has now issued a warning. Byetta’s use for Diabetes has limited use. Read this information to learn how serious the side effects of this drug are.(read entire article)(posted on: 2009-11-04)
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How Courts Limit Deficiency Judgments After Foreclosure By: Nick Adama
With the anticipation of a deficiency judgment, borrowers may feel like they will never be able to move on after foreclosure. However, this is simply not the case. The potential for a deficiency judgment can be very small.(read entire article)(posted on: 2009-11-03)
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Yes, It Is Possible To Reverse A Foreclosure Auction By: Nick Adama
IIs there really no hope for borrowers whose homes have been sold and the auction has been confirmed? In most cases, this is not true, as there are still some remedies available to reverse a sheriff sale.(read entire article)(posted on: 2009-11-02)
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