Federal Criminal News That Matters

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How Gall Changes The World Of Federal Criminal Sentencing.

Prosecutors used to hold the whip hand in plea bargaining to settle federal criminal cases – plead guilty – or take your chances at trial and if convicted face a draconian sentence, unmitigated by considerations of age, health, family circumstances, a lifetime of good deeds, or work history – until the Supreme Court decided Gall v. United States on December 10, 2007.

San Francisco, San Jose, Oakland, and other federal courthouses will soon see criminal defense attorneys helping their clients more than ever by representing them as people, rather than arguing over what slot an offender belongs in a sentencing matrix. What do the changes hold for those facing investigation or charges in Northern California, apart from the possibility of justice returning to federal sentencing?

Federal Agents “Promising” Immunity Or A Deal For Cooperation – What’s Wrong With This Picture?

Federal agents interview people they suspect of committing a crime, and want answers. It may sound like the agent is promising immunity from prosecution or a deal. Blackwater employees in a recent Baghdad shooting incident even received written immunity promises. Do promises from special agents have any meaning in federal court in San Francisco, Oakland, or San Jose?

For May 2007, Undocumented Alien and Undescribed "Other" Cases Drove New Federal Filings In The ND CA.

Immigration cases continued to lead white collar federal criminal cases filed at San Francisco, San Jose and Oakland's federal courthouses. The second largest group is an unexpected category –– "other." Unsurprisingly, the number of prison sentences is down because criminal filings are down -- but the latest numbers from TRAC also show the percentage of custody sentences of more than one year has fallen.

San Francisco Federal Felony Filings Drop.

Expert federal criminal lawyers know that post-September 11, felony prosecutions fell in the Northern District of California’s courthouses at San Francisco, San Jose and Oakland. Fewer federal prosecutions in the ND CA are part of a national trend. But how far have the numbers fallen, what kinds of federal criminal cases are being filed and what does it mean for those under investigation?

White Collar And Other Prosecutions In Northern California After Reyes

Backdating investigations are no longer likely to be defensed based primarily on one's lack of enrichment or profit in granting or reporting look-back options. But not every investigation is a backdating investigation. White collar, high tech, health care and other areas still matter.

U.S. Sentencing Guidelines: The Northern District of California

In the San Francisco, San Jose and Oakland federal courthouses, what is the risk of a prison sentence following a felony conviction?

U.S. Sentencing Guidelines:
National Numbers

Just how "advisory" are the Sentencing Guidelines?

 

 

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