Category: Sentencing
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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I’ve Been In Your Shoes: What Is A Downward Departure In Federal Court?
Most sentences in federal court fall within a sentencing range, but you can also get a downward departure. But is it worth the risk?
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What Does Beyond A Reasonable Doubt Actually Mean?
In a criminal case, the prosecution must prove your guilt beyond a reasonable doubt. What does the term “beyond a reasonable doubt” mean?
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What are the Possible Sentences You Could Face After Conviction?
The courts decide a sentence according to the offense and the law governing it. There are various types of sentences you might get. Here is how courts decide a sentence.
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What Is The EQUAL Act? How Could It Impact You?
Two U.S. senators recently proposed the EQUAL Act, a law aimed at ending the sentencing disparity for crack and powder cocaine.
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Can Your Sentence In A Criminal Case Change After It Starts?
If you’re convicted of crime, a judge will sentence you. But your sentence can change after the judge chooses it in some circumstances.
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How Can You Overturn A Wrongful Conviction?
If you were convicted of a crime despite being innocent, you suffered a wrongful conviction and can take steps to have it overturned.
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What Constitutional Errors are “Harmless”? How does it Affect you?
Some constitutional violations even though errors are not erroneous. Those are harmless constitutional errors. As per this rule, courts do not consider unimportant errors occurring during a trial. It means that not all constitutional violations can get you a dismissal, a new trial or appeal otherwise.
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What Can You Do If You Think Your Judge Has A Bias?
You have the right to a fair trial under the Sixth Amendment. This includes the right to a fair judge who does not have a bias against you.
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What Arguments Can You Make In A Criminal Appeal?
If you’ve been convicted of a crime, you’re probably already thinking about what arguments will work best to appeal in your criminal case.
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