If a defendant has been indicted by the federal government for a violation of the narcotics statute, 21 U.S.C. 841 (b), and he has a prior conviction for a drug offense, the penalties can become quite severe.
The mandatory penalties can double in prison time if a defendant has a previous drug conviction. The […]
Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties […]
Entrapment is the act of a law enforcement agent inducing a person to commit an offense, which the person would not have, or was unlikely to have, otherwise committed. An entrapment defense generally requires the defendant to prove that he never would have committed the crime absent the police trapping him. At the same time, […]
The Fourth Amendment to the United States Constitution is perhaps one of the most frequently litigated constitutional amendments in the courts. In its entirety, the Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no […]
In recent years, several decisions by the United States Supreme Court have determined how federal courts now apply the federal guidelines at sentencing. The most notable is United States v. Booker, 543 U.S. 220 (2005), where the Supreme Court transformed the federal sentencing guidelines from mandatory to advisory as a way of curing […]
Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of […]
Of all criminal charges, the most intimidating can be federal charges. This is especially true when one is dealing with a federal conspiracy charge. Some may ask just want exactly is a conspiracy? A conspiracy exists when two or more people form an agreement to do some act or refrain from doing some act.
A […]
While the Courts have never brightly defined under the law who actually has a right to own a firearm, for decades the presumption has always been that there is no individual right bestowed upon the citizens of this country. However, things may soon change if some have their way.
The Second Amendment to the […]
Eyewitness testimony, which relies on the accuracy of human memory, has an enormous impact on the outcome of a trial. In criminal cases, eyewitnesses frequently play a vital role in uncovering the truth about a crime.
The evidence they provide can be critical in identifying, charging, and ultimately convicting suspected criminals. However, eyewitness testimony is […]
For many people who are convicted of DWI or DUI, it is really a pain and a drain on your pocket. 97402 DUI Classes may be what you are looking for. With the ever increasing and severe penalties that are being imposed on impaired drivers, it is a smart thing to do a 97402 dui […]
