Good afternoon, everyone! Hope today is a good day.
I came across this really great pdf file for anyone involved in appeals or facing criminal prosecution. My suggestion is to download it and print it out for your lawyers... we all know they need all the help they can get.

http://sentencing.typepad.com/sentencing_law_and_policy/files/latest_booker_defense_strategies.pdf

Best of luck!
mary

Do you think that the defense lawyers already have this information? It is really informative, I know my lawyer would take offense if I sent him this. But if it helps I'm all for sending it. Thanks so much Blue Mama, I'm going to forward it to him!

sllew: i think it depends on the lawyers. i know some lawyers follow the legal precedents and news dilligently. but some are too interested in raking it in and sweeping it out - and i think they probably don't really get concerned about new information. it's very good for us, the families of the incarcerated. especially those people facing prosecution, or those that have been talked into a plea agreement. it can't hurt to send this to anyone in prison that's considering appeal or habeas corpus.
best of luck!
mary

Lawyers and their damned egos. I've learned with ours it is better just to pass the info along, and not say/ask/suggest anything. As soon as I do, he gets defensive.
I just forwarded the link, and didn't write anything such as "read this."

It did provide extremely helpful information. At oral arguments, the AUSA said that if the case was remanded for resentencing under Booker, there is a chance that the sentencing judge could sentence my husband to even more time, even though he was already sentenced at the highest end of the guidelines. There is information in that article that says this would be considered "vindictive" on the judge's part.
So, thank you-thank you-thank you.

I did go ahead and print it out, and mailed it to my husband. Yes, all 75 pages.

the ausa that said that is full of it. they're just so darned self-righteous. keepers of the conservative flame, if you will. they still haven't accepted that prisoners have rights, and that there is something called the constitution that no matter how hard they try to - they cannot bend it to fit into their narrow little world of fast boats and faster cars.
thanks for the input!
mary

If someone was already sentenced, they pled quilty, so no appeals, can this help them at all?


Good afternoon, everyone! Hope today is a good day.
I came across this really great pdf file for anyone involved in appeals or facing criminal prosecution. My suggestion is to download it and print it out for your lawyers... we all know they need all the help they can get.

http://sentencing.typepad.com/sentencing_law_and_policy/files/latest_booker_defense_strategies.pdf

Best of luck!
mary

There are circumstances such as you described where an appeal can be brought. One can appeal the sentence within the first year. Issues related to an inappropriate sentence imposed or lawyer being ineffective can be brought before the court. Do you think there was a problem in the sentencing, with enhancements, or important issues not presented or anything else? Brenda

If someone was already sentenced, they pled quilty, so no appeals, can this help them at all?

Check out ********. Just Google it.

There are circumstances such as you described where an appeal can be brought. One can appeal the sentence within the first year. Issues related to an inappropriate sentence imposed or lawyer being ineffective can be brought before the court. Do you think there was a problem in the sentencing, with enhancements, or important issues not presented or anything else? Brenda

Yes, there was a problem with one of the enhancements worth 4 points. He didn't argree at all with it, and his lawyer didn't agree with it until the end. The lawyer told him that they had to agree if they wanted the plea bargain, and get the lesser sentence.
Shade



There are circumstances such as you described where an appeal can be brought. One can appeal the sentence within the first year. Issues related to an inappropriate sentence imposed or lawyer being ineffective can be brought before the court. Do you think there was a problem in the sentencing, with enhancements, or important issues not presented or anything else? Brenda

Good afternoon, everyone! Hope today is a good day.
I came across this really great pdf file for anyone involved in appeals or facing criminal prosecution. My suggestion is to download it and print it out for your lawyers... we all know they need all the help they can get.

http://sentencing.typepad.com/sentencing_law_and_policy/files/latest_booker_defense_strategies.pdf

Best of luck!
mary
My sons lawyer would just put this in her pile that says "don't bother" like she's done with everything else! Mind u, we paid a 'high price' for her expertise (big joke) and she's done 'Nothing'! He's been offered a plea bargain and told 'sign it' because the prosecutor does not want to bargain, this is it! He is guilty of some charges, but not all they've put in the plea bargain. He keeps being told, to argue this will only make the prosecution that much angrier. He's also been told there can be no appeal which I don't understand? We've used up our funds to help, and because of 'inflated' egos, he's the one who is going to pay the maximum 'unfair' price. What a system we have!

Wow this information is great, it explains how to handle all kind of cases in different levels, even cases that are final.

Thanks alot, I tell you, Only in PTO

God bless you all