Criminal Law Questions? Ask a Criminal Lawyer.
Hi, thank you for your question.
No problem just seeing if we could get another experts advice on this.
The first thing that we should probably do is acknowledge that you are doing something very normal, which is wondering what the future holds. That is a perfectly healthy and normal thing to do, but as we talk about this, we also have to remember to have respect for the fact that there is no crystal ball here--the nuances of every case are different, and there is simply no way to predict with certainty what will happen in any specific case. So we will talk about how the court typically responds in certain situations, but nothing about this or anything that anyone else is going to tell you changes the fact that you won't truly know until you get closer to the day that this is all resolved.
oh yes we know and that's what sucks.
It's unpleasant to have to wait.. anyone would agree with that reality. But it seems like you understand that we're just generalizing here, and as long as we're on the same page in that regard, I'm glad to offer what information I can.
So that said, it appears that this case is proceeding in federal court because there is a U.S. Marshall involved. Is that what is happening?
Yes totally I just wanted to see what You see in similar cases? I guess his point level is at a 35 now and like I said hes gotten really good reviews from the people out to get him, including the one that had him arrested. And yes its federal
Ok, and you mentioned that the Marshall recommends no prison time. Has your boyfriend actually plead guilty yet?
yes the marshal and he made a plea of cooperation
He's hired a really good attorney. So good that I guess he's to busy to contact me or his mom. lol
Ok, and has he actually received the plea in writing and signed it?
Im not sure. I know that he has his sentencing set up for the end of next month.
But I think so, hes gone to court and changed his plea from not guilty to the other.
Ok, the reason I ask is that a plea and cooperation agreement will be respected by the court at least 99% of the time. The court has very little incentive to disrupt an agreement between the prosecution and the defendant. The prosecution is satisfied, the defendant is satisfied, so it's very rare that justice would be served by refusing to honor the agreement. At the time that the agreement is made, the court only has a fraction of the evidence, so it would basically be deciding that the agreement is inherently unjust based on incomplete information and despite both sides concluding that it is a fair outcome.
Does that make sense?
Ok so then Im assuming the prosecution is the US marshal?
or the united states?
The prosecution is the Attorney General's office, which works with the U.S. Marshall's office. They're both law enforcement for the federal government. the prosecution is the attorney representing the U.S. government, whereas the U.S. Marshall is the law enforcement officer for the federal government.
Alright so then basically what he had heard from his other source was pretty right on with what you're saying?
Honestly, 90% is low-balling it. I would say 99%+
The judge doesn't go along with it 100% of the time, but you only see the court reject it under very unusual circumstances.
Alright I've got a smile on my face:))) I'll tell him tomorrow! But he was already getting my plane ticket to come get him. lol... I hope he doesn't fall in that category of unusual circumstances! Thanks so much for your help.
It was my pleasure. It looks like I was able to explain things to you in a helpful way?
Yes sir:) thanks again
Hello again. So my boyfriend sent me the actual sentencing report. For the sentencing options it actually says...82. Statutory Provision: The min term of imprisonment is 10 yrs and the max term is life. 83.The Guideline provision: ( which we're confused on ) says based on a total offence level of 35 and a criminal history of 1, the guideline prison range is 168 months to 210:/...84. Impact plea agreement does not impact upon the applicable guideline range. Supervised Release 85. Statutory Provision: A term of at least 5 yrs supervised release is required pursuant. 86. It goes on to say the terms of this like periodic drug testing and how it can change when he shows low risk of future substance abuse. 87. Guideline provisions: The authorized term of release would be at least 5 yrs pursuant. Hes not eligible for probation.
Sorry it's so long I just wanted it to all be there so you could see exactly what the options are. So that being said, what do u think now?
I had asked before if you thought he'd be released on supervised released and you thought a 99% chance he should be. But now that u know exactly what the sentencing options really are I wasn't sure if it changed anything.
Hi its been a while and now I have a new question that deals with the case we had previously talked about. My boyfriend was charged with intent to distribute and sentenced on july 22nd of this year. He was sentenced right before Holder came out with dropping the mandatory min. He is a perfect candidate and fits in all the categories but now I read that its for new cases and not ones that have been already sentenced. The judge in his case did say he was eligible for reconsideration. Do you think anything can be done for him? .He was sentenced under the 10yr mandatory min but it was brought down to 71/2.