FREE CONSULTATIONS & WE'RE AVAILABLE 24/7

Feb 2, 2019

What Should You Do If You’ve Been Convicted Of A Federal Crime

Finding out that you’ve been convicted of a federal crime is a difficult experience. Hearing that you’ve been found guilty is something that no one wants to go through. While the verdict has already been decided following a conviction, you do still have a few options.

Once You’ve Been Convicted

While a conviction with a guilty verdict feels very final, your time in court hasn’t ended. After a conviction, you should be prepared to do three things:

  • Prepare for Sentencing: After you’ve been convicted, you will be sentenced. During your sentencing, you will appear in front of the judge. It is at this point that you will explain why you deserve to receive the lowest sentence available.Even with a conviction, your work isn’t done. In order to receive the most ideal sentence, you and your attorney will need to put together a strong case as to why the judge should be lenient with you. Many people that get a guilty verdict with one lawyer may want to choose a different attorney for the sentencing. If this is the case in your situation, be sure to do that now.
  • Prepare for the Appeal: If you plan to appeal the guilty verdict, now is the time to contact the lawyer that you want to appeal for you.
  • Order the Trial Transcripts: If you plan to appeal your verdict, you’ll need to be well prepared. One of the most important ways to prepare for an appeal is to go over the trial transcripts with your legal counsel. The sooner the transcripts from the trial are made, the sooner your appeal will be approved or denied with the court of appeals.

What to Expect at a Sentencing

Sentencing usually takes place 90 days after an individual is convicted. Before the sentencing takes place, the judge will calculate the range for the applicable guidelines. These Sentencing Guidelines are rules that apply to federal sentencing. These guidelines are meant to advise the judge as they consider the sentence.

The Guidelines are defined in a chart that is split into two parts:

  • The Offense Level: This defines how serious an offense is. This is determined by certain factors in a case. Typically, the offense level decreases based on an individual’s “acceptance of responsibility”.
  • Prior Criminal History: An individual is given “points” for each prior conviction. The more serious the conviction, the more points an individual will receive. If a conviction occurred over 10 or 15 years ago, they may not be counted.

Once these factors have been determined by the judge, you will receive your sentencing range. This range will be a certain number of months. For example, if the judge calculates a range between 24 and 30 months, that judge must at least consider giving a sentence that falls within this range. However, it is up to the judge to determine whether they will give a lower or higher sentence.

For certain situations, congress sets a mandatory minimum sentence. The judge will not be allowed to choose a sentence that is shorter than this amount of time. Likewise, a judge can’t impose that an individual serve a sentence that is higher than what the law has established is the maximum sentence.

The Presentence Report

Before you are sentenced, you will be given an interview so that the probation officer can conduct the presentence report or PSR. In this interview, it is important to answer questions honestly. This interview will inform what the probation officer writes in the report. Once finalized, the PSR is given to the judge as a recommendation for your sentencing.

The Sentencing Hearing

On the day of the sentencing, all parties should have received their copy of the PSR. The PSR must be sent out (at the latest) 35 days before the sentencing date. The defense counsel would have sent a written submission to the judge to explain the issues that the judge should consider.

Right before the sentencing, the judge must give the dependent the opportunity to speak. After listening to both parties, the sentence will be announced.

If you have been convicted of a federal crime, you still have options. Contact an attorney today to see how they can best help you.

What Do You Have To Show For Ineffective Assistance?

Someone once asked, that even if you hate your lawyer and they notice, does that lead you to file a claim for ineffective assistance of counsel? Well, without putting the cart in front of the horse, you first need to understand what an ineffective aid means. You should realize that there is a thin line between legal malpractice and an ineffective assistance of the lawyer. While the two looks similar and can go hand in hand, a malpractice claim happens when a client takes legal action against their lawyer for falling below the standard of his legal profession. This is not similar to the ineffective assistance of the lawyer.

When there is an ineffective assistance of counsel, the defendant can file claims for a criminal case. When one is accused of a criminal case, and their lawyer’s mistakes or incompetence was the reason the offender lost the case, the offender has the right to take the case to the court of appeal and have it heard again. When the case is successful, the judge of the appeal court will have it get a new trial.

What Signs Show that you can have a Successful transition of your court to the court of appeal?

• Your Legal representative made their decision without consulting you

Your attorney should make their decisions after consulting you. Therefore they don’t have another option rather than laying down the merits and demerits of the legal strategy at hand. It does not end there as they also need to explain all these to you.

• They filed notices late

Timing is of the essence in any criminal case. If the judge summons your attorney to file a notice late, then this can lead you to hold them accountable for the lateness notice. Missing a single notice may be permissible, however, when they fail to meet multiple deadlines, it can be a reason for you to worry and take legal steps in a court of appeal.

• They behaved unprofessionally

In many cases all cases, your attorney’s submissive is vital. However, if you notice that they went against the grain and operated differently from how attorneys should behave, then you can go ahead and file for an ineffective assistance. For instance, if they put on a gold stud in court, or happen to misinform you about something in a court of law that leads them to fall below the court standards of professionalism. All these could have a negative impact on your sentencing. They are supposed to represent you before the jury and the judge.

• Your attorney does not respond to you

As discussed earlier in these points, your attorney must work with you. They may have legal knowledge which you don’t have. Therefore, they should take make every step they have to, to ensure they furnish you clearly and work with you collaboratively and also consider your wishes.

• They get procedure wrong or a terminology

This is not a new thing, but attorneys usually get a terminology notice. Judges and prosecutors are known for correcting defense lawyers. When your defense attorney gets called out by the opposing counsel or the judge you may have legal grounds to question their competence.

When Do You Know That your Lawyer Was incompetent?

Here are some of the most common claims that your lawyer did not accord you adequate representation and thus led to unfair prejudice. The case could include an attorney.

• If your legal representative fails to investigate a case

• If they fail to present supporting witnesses in a case

• If they fail to cross-examine witnesses

• If the lawyer is unable to object to harmful evidence, statement or argument against your case

• The lawyer may not have sort DNA or blood samples for testing

• If they fail to file appeals promptly

• If they are not capable of determining if there is a conflict of interest in their representation

You Need To exercise Your Rights to Adequate representation Today

If you have an attorney working on your case, but you are concerned about their ability to perform well or better still you are trying to appeal your conviction, it is always wise to seek a second opinion. You can only do this by hiring a more experienced attorney. There is always need for you to act quickly to change the course of your case. They are always a call away or you could better still pay them a visit.

What Should You Do If You’ve Been Convicted Of A Federal Crime

Practice Areas

Request Free Consultation

Testimonials

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Queens

35-37 36th St,
Astoria, NY 11106

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

We serve all major cities and states: Chicago - Dallas - New Jersey - Alaska - Baltimore - Bronx - Brooklyn - Buffalo - Connecticut - El Paso - Idaho - Indiana - Iowa - Kansas - Kentucky - Long Island - Maine - Minnesota - Missouri - Montana - New Hampshire - New Mexico - North Carolina - North Dakota - Ohio - Oklahoma - Queens - Tennessee - Vermont - West Virginia - Wyoming - Los Angeles - Montana - Rhode Island - Westchester Call Now Button