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.
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:
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:
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.
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.
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.
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.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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