Author: jgriffiths
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How Do You File A Motion For Resentencing?
There are situations in which you can file a motion for resentencing, but those situations are limited in criminal cases.
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Can You Depose Witnesses In A Criminal Case?
You can depose witnesses in a criminal case, but it is not as common as it is in civil cases and often requires judge approval.
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When Can You File a Bivens Action?
You can file a Bivens action any time your rights are violated, but violations of the Fourth, Fifth and Eighth Amendments are most common.
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What is Insufficient Evidence?
Courts can dismiss charges against a defendant in a criminal case if there is insufficient evidence presented by the prosecution.
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What is a Presentence Investigation Report (“PSIR”)?
The Presentence Investigation Report has a huge impact during sentencing, but its impact extends far beyond that.
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What Are Sentencing Guidelines?
Whether you’re in state court or federal court, the sentencing guidelines will play a role in your sentence no matter what.
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What is an Offense Variable?
Some states like Michigan base their sentences on offense variables. It’s crucial that you make sure your OV score is correct at sentencing.
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What are Prior Record Variables?
Some states like Michigan base their sentences on prior record variables. Make sure your PRV score is correct at sentencing.
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When Can You Appeal?
Most people know that you can appeal after trial and sentencing, but there are other rules you need to know about appeals too.
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What Are The Possible Outcomes On Appeal?
In a criminal case, there are usually three possible outcomes on appeal: affirmed, reversed or affirmed in part and reversed in part.