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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110573
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Hi, I would like to ask a question regarding a pending charge

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Hi, I would like to ask a question regarding a pending charge and plea agreement I have before me. I am looking for another Attorney's point of view to be sure I am not missing anything I should be addressing. The pending charges are for Title 18 USC 371. Then sub-catority Title 18 USC 1341 & 1343. The facts of the case are true and accurate. The US Attorneys office is offering a Plea to 1 count and accepting a Class D felony. My biggest concern is the Felony Charge that will have life long effects to my life. So my question is: Do I have any option at all of getting this reduced to a Class A Misdemeanor level offense to these charges? I am using a public defender who has been great but I just want to be sure I am going down the right path with accepting. Any help or views would be helpful. I can answer any questions that need be and willing to pay accordingly to have them answered. Thank you.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Under the fraud and swindles crimes, every one of them is a felony, no misdemeanors and one you are charged with carries up to 30 years in prison (this is not a light weight felony either). Unfortunately, unlike the state system where the prosecutors have much more discretion on many cases, the US Attorneys and the federal courts have little to no discretion on sentencing with the sentencing guidelines in place and the US Attorneys have very little leeway on reduction of cases where the statutes do not make provisions for the charge being charged as a misdemeanor or a felony and none of the charges here have such leeway.

If your conspiracy charge had to do with conspiring to commit at least one misdemeanor, then the prosecution would have more discretion in negotiations. At this point, with the charges and elements fitting only felony charges you have a major problem and what you need to be working on is fighting to be sentenced under the bare minimum of the federal sentencing guidelines because reduction to a misdemeanor is pretty much out of the question with these particular charges of fraud, especially where the charge carries up to 30 years in prison.

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Customer: replied 3 years ago.

Hi, thanks for the reply. Your answer is pretty much what I was expecting but I was looking for another attorney's point of view just to be sure. I do have a question about Arizona Law if you would know. From my research Arizona does have a "Set Aside" law. Do you know how that works and any other details about it. I do have a license which requires me to possibly loose with a felony conviction (car salesman license). I was wondering if the Set Aside law would let me be able to be relicensed afterwards. Any thoughts would be helpful. Thank you.

Thank you for your response.

If you are in federal court, I am afraid that the federal rules would govern and not the Arizona laws, even if you are in federal court in Arizona. The federal courts have no expungement or set aside provision (save for a vacating of conviction on appeal) and once you enter a plea in federal court you waive your appeal rights as part of the plea.
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