Apr 06, 2018 · Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of …
Answer (1 of 5): Please, give it a rest. I understand Democrats have wild imaginations and belive in the Easter Bunny, Santa Claus, unicorns, and miracles that take the orange man and now his Attorney General away but in the real world that is not happening. There is a …
The report will be provided to the court, the prosecution, your attorney and you. The PSR is, in essence, a report to the Court about who you are, the nature of the offense to which you have plead guilty and the circumstances of the offense conduct. The PSR will be one of the documents the Court will consider when sentencing you.
Investigations, Grand Juries, and Arrests. If a crime is brought to the attention of federal authorities, whether by a victim of the crime or a witness to it (e.g., a …
| United States Attorney General | |
|---|---|
| Reports to | President of the United States |
| Seat | Robert F. Kennedy Department of Justice Building Washington, D.C. |
| Appointer | President of the United States with United States Senate advice and consent |
| Term length | No fixed term |
Section effective Nov. 1, 1987 , and applicable only to offenses committed after the taking effect of this section, see section 235 (a) (1) of Pub. L. 98–473, set out as a note under section 3551 of this title.
the term “ assault with intent to commit rape ” means an offense that has as its elements engaging in physical contact with another person or using or brandishing a weapon against another person with intent to commit aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 ); (B)
the term “ State ” means a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States; and. (H) the term “ serious drug offense ” means—.
life imprisonment, or if the maximum penalty is death, as a Class A felony; (2) twenty-five years or more, as a Class B felony; (3) less than twenty-five years but ten or more years, as a Class C felony; (4) less than ten years but five or more years, as a Class D felony; (5)
The provisions of section 411 (a) of the Controlled Substances Act ( 21 U.S.C. 851 (a)) shall apply to the imposition of sentence under this subsection.
No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country (as defined in section 1151) and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe.
With respect to a person convicted of a Federal offense described in paragraph (1), the court may impose any lesser sentence that is authorized by law to take into account any substantial assistance provided by the defendant in the investigation or prosecution of another person who has committed an offense, in accordance with the Federal Sentencing Guidelines and the policy statements of the Federal Sentencing Commission pursuant to section 994 (p) of title 28, or for other good cause.
Congress acts against any AG accused of a crime. They held former AG Eric Holder legally in Contempt of Congress for instance and the man was eventually forced to resign.
Typically when a person would be investigating themselves or be a superior of the investigator, they are supposed to select a special prosecutor from outside the usual chain of command. That person acts in all respects as if they were the normal prosecutor / AG / US attorney, or whatnot, and would be given the authority to convene a grand jury to hear the case and indict.
A juror has to learn a few sentences of law over the course of a trial. Most of it is explained during voire dire (jury selection), and then through arguments of counsel at the beginning and end of the trial. After closing arguments, they are given written jury instructions that tell them what the law is and how to apply it. Finally, as a group jurors decide what evidence they believe beyond a reasonable doubt that applies to the law to which they have been educated.
Members of the Executive Branch are indicted with the same authority as all other persons in the US are indicted for federal crimes. Only one office in the Executive Branch has the authority to indict, and that’s the POTUS. This authority is delegated to the departments (e.g DOJ/Military) as the POTUS requires.
The official conducting the investigation would apply for an independent counsel if the preliminary investigation provided reasonable grounds to believe that further investigation was warranted; or if, within 90 days of commencing the preliminary investigation, he or she had not filed notice that there are no reasonable grounds to believe that further investigation is warranted.
The official conducting the investigation would apply for an independent counsel if the preliminary investigation provided reasonable grounds to believe that further investigation was warranted; or if, within 90 days of com
Trump can appoint anyone he wants as the special prosecutor (we don’t have independent prosecutors anymore, those laws died in 1999) - but that special prosecutor works for Trump (as Mu...
An unmonitored call to an attorney must be arranged through an inmate’s counselor or case manager.
Among the most frequently asked questions by those convicted of a federal criminal offense (after “Am I going to jail and for how long?” ) are, “When can I have my first conjugal visit?” and “Can I bring my golf clubs?” Such questions about imprisonment and supervision may, initially, to someone who is not dealing with the emotions that are sweeping through you, seem superficial and trivial. These questions, however, reflect real concern about how your sentence will affect you.
Code section 357 (d) states that a person sentenced to pay a fine shall make such payment immediately, unless, in the interest of justice, the court provides for payment at a later date or in installments. Typically, installment payments must be made in equal monthly payments over the period provided by the court. The Sentencing Guidelines suggest that “ [t]he length of the installment schedule generally should not exceed twelve months, and shall not exceed the maximum term of probation for the offense.” In addition, the guidelines state that “ [t]he defendant should be required to pay a substantial installment at the time of sentencing.” In determining what a defendant can pay, courts have considered a defendant’s ability to earn income while in prison. Thus, the court may require you to pay some or all of your fine or restitution while in prison.
You will ordinarily feel more comfortable if your attorney is present during your initial interview with the probation officer, and that is usually a good idea. Rule 32 of the Federal Rules of Criminal Procedure entitles defense counsel to be present during all meetings between the probation officer and the defendant. Nevertheless, probation departments in some districts ask attorneys to waive, in writing, their right to be present during such interviews, something you obviously should resist. Generally, in this district, the probation officer requires counsel to be present.
A federal felony conviction may also cause the revocation of ceratin federal benefits, including grants, licenses, and contracts. However, welfare, Social Security, retirement, health, disability, and public housing benefits are not generally affected by a conviction, other than as described above.
Generally, a felony conviction does not automatically bar federal employment, but may nevertheless be considered. In most cases, the greater the relationship between the offense and the job, the more likely a felon will be precluded from employment.
Upon beginning supervised release, you may have payments reinstated by presenting your release papers to a Social Security office. Social Security benefits are not affected by a probationary sentence, even following a felony conviction. Most of my assets have been forfeited.
The offender has the right to be present for sentencing, as does a victim. Both persons may make a statement before the court imposes sentence. The lawyer for the government and the offender also will address the court regarding the sentence. If a victim is represented by an attorney, the victim’s counsel also can address the court at sentencing.
If a magistrate has issued a search warrant for a suspect or if a grand jury has returned an indictment against a suspect, federal agents will arrest the suspect and place him or her in custody pending court proceedings.
The guilt phase generally begins with the prosecutor’s opening statement. The defense has the option of making its own opening statement immediately afterwards or reserving its opening statement for the beginning of its case-in-chief. The prosecutor then presents the government’s proof through physical evidence and witnesses. The defense is entitled to cross-examine any witnesses questioned by the government. Once the government has completed its case, the defense may move the court to acquit the defendant, on the ground that there is legally insufficient evidence to convict. If the court denies the defense motion, the defense may present its own case, and the prosecutor may cross-examine any witnesses presented by the defense. Following the defense case, the prosecutor may present evidence to rebut the defendant’s case. Once the prosecutor concludes its rebuttal case, the defense again can move for an acquittal. If the court denies that motion, the parties present their closing arguments: first the prosecutor, then the defense, and finally the prosecutor again (the government goes first and last because it has the burden of proof). Following closing arguments, the judge will instruct the jury on the relevant law for it to apply. Afterwards, the jury will retire to decide the case. When the jury has reached its decision, the jury will return to the courtroom and announce its verdict. If there is no jury, the judge will deliberate and return a verdict.
This initial appearance generally will occur as soon as practicable following arrest and must occur before 72 hours have passed. At the initial appearance, the court will inform the arrestee of the charges and advise him or her of the rights to counsel and to remain silent.
For example, the Secret Service is responsible for investigating counterfeiting of currency, and the FBI is the lead federal agency for terrorism cases. This assignment of functions helps different agencies develop expertise, but it also means that federal law enforcement agencies are not like local police forces—they do not each handle whatever federal crime comes their way.
Whenever a grand jury is involved in an investigation, the agents will work closely with an attorney from the U.S. government, either from the local U.S. Attorney’s Office or the U.S. Department of Justice, before making an arrest in order to determine whether a crime was committed and, if so, who is responsible.
Not every step described below will occur in every case. In some cases, the investigation or trial may involve additional events or proceedings, all of which can take a long time to complete. An FBI victim specialist or the victim witness coordinator at the U.S. Attorney’s Office can explain the specific process in a particular case.
The mistake is to tell yourself that you can handle things on your own. Because you did not do anything wrong, why should you need anyone’s help? This misconception often leads to you saying “ yes ” when federal agents come to your house (or your business) and ask you if you have a few minutes to answer a few questions. The agents will assure you that you are not in trouble and make use of the fact that they find you completely overwhelmed, uninformed, and unprepared. After all, you have never dealt with the FBI before and the mere fact that federal agents come to you puts you in such a state of shock that you trust their reassurance that the investigation is not about you.
The question then becomes: how am I involved? Federal lawyers typically distinguish three levels of involvement: witness, subject, or target.
In either way, the only way you will find out what the investigation is about and what your alleged involvement is is through your attorney. You can’t just call the FBI agent that left a card at your door and ask because the agent is not allowed to disclose the nature of a federal investigation. Your attorney, however, will find out from the agent and from the supervising government prosecutor, the Assistant United States Attorney. The earlier the best federal defense lawyer makes these inquiries for you, the more likely it is that you will influence whether you will end up as a target or a non-target. The longer you wait, the more time you give the government to investigate you, and the less time your attorney will have to turn things around. If you want early answers to your most pressing questions and if you want to dramatically increase your chances of escaping the investigation unharmed and without appearing in the newspaper one day, then call the experienced former DOJ prosecutors and federal defense attorneys of Oberheiden P.C. immediately.
You just committed a serious crime. Obstruction of justice is a serious federal felony. Don’t delete files, don’t destroy evidence, don’t tell a potential accomplice about an investigation, don’t instruct someone how to testify, and don’t do anything else that could be interpreted as you are impeding or tampering with a federal investigation. You will never prevail with this approach. In fact, obstruction charges are what federal law enforcement calls a low hanging fruit. In times of computer forensics, advanced science, and highly trained special agents, chances you will get away with deleting evidence are below a measurable scale. Don’t ever do it.
The FBI typically does not follow you around. Once you assure yourself that you are under investigation—even if you are objectively not!—you might feel that you are noticing people following you. Well, outside of extremely rare circumstances, the FBI (IRS, DEA, OIG) does not go shopping with you, will not follow you to the supermarket, and will not have dinner at a restaurant table next to yours. That’s simply not how the government investigates. What investigative promise could possibly derive from spending hours or days observing your routine habits? Unless the government thinks that following you will lead them to a co-conspirator, reveal a new target, or will catch you in the middle of an illegal transaction—the government will not conduct this level of surveillance. There simply aren’t enough resources. This also means that the black car you might suddenly see across the street is very likely not an FBI surveillance car. Put differently, if the FBI actually follows you around, they will do it in such a professional and discrete manner that you will not notice—otherwise it would defeat any and all purpose!
That said, Oberheiden P.C. attorneys have avoided criminal charges in literally hundreds of cases and saved many good people like you from criminal exposure. Here are some of the investigation types we have resolved for our clients:
A defendant’s attorney will likely request that their client goes through a psychiatric evaluation before their sentencing hearing.
Details about the offense: How many people were involved, the time span of the crime, what was the intent, etc.
In general, anyone who pleads guilty to, or is convicted of, a federal crime should expect a minimum of ninety days between their plea/verdict and their sentencing hearing.
Defendants who plead guilty or are found guilty by a jury are typically afforded a certain amount of time to wrap up personal and business affairs before reporting to prison.
Once all this information has been gathered, a report will be created and submitted to the judge handling the case. These reports often take considerable time and effort to prepare.
Information about the person being sentenced: This may include their childhood, struggles they have had, health problems, military service, education, family, addiction, rehab, employment history, and many other important individual facts.
For those who have been tracking it in the news, you probably know that actress Felicity Huffman recently pleaded guilty in federal court.
Even if you believe you are innocent, you should discuss the possibility of plea offers with your attorney to explore the pros and cons of pursuing plea negotiations. Prosecutors and investigating agents will continue to amass and gather evidence against the defendant over time, and potentially add new charges via superseding indictment . Frequently, defendants change their mind over the course of time as they see new evidence emerge. Additionally, even if the defendant is set to go to trial, engaging in plea discussions with the government can often result in the defense attorney learning valuable information about the government’s case: such as key documents or witnesses that will be used against the defendant at trial. Whether or not you should explore a plea offer is a strategic decision that you should make only after close consultation with an experienced attorney.
Additionally, even if the defendant is set to go to trial, engaging in plea discussions with the government can often result in the defense attorney learning valuable information about the government’s case: such as key documents or witnesses that will be used against the defendant at trial.
If a case is not resolved during the investigation stage, and assuming that an indictment is brought, the plea bargaining process will continue during the discovery and pretrial motions stage. During this stage, there may be frequent offers and counteroffers as the parties dig into the evidence and explore the legal and factual issues in the case. Although prosecutors will frequently set deadlines on sequential plea offers, it is not uncommon for there to be three or four separate plea offers over the course of trial preparation.
What is the process for pleading guilty in a federal criminal case? Generally, a guilty plea begins with a plea agreement (although a defendant can also plead guilty without any agreement, also called an “open plea”). The plea agreement is often described as a contract between the defendant and the government.
In order to withdraw a guilty plea before sentencing, the defendant has to demonstrate a “fair and just” reason to withdraw the guilty plea. In order to withdraw a guilty plea after sentencing, the defendant has to challenge his or her conviction on direct appeal or in a collateral action under 18 U.S.C. § 2255. In both instances, the defendant will generally have to prove some kind of error or misconduct—for example, flawed advice from an attorney, prosecutorial misconduct, actual innocence, or the like.
A list of the charges that the defendant will plead guilty to, and, if applicable, the charges that will be dismissed by the prosecution; A statement about the factual basis for the plea, which typically incorporates a separate “Statement of Facts” signed by the defendant.
Before any charges have been filed, an individual who is under federal criminal investigation may decide that cooperation is the best course of action. In that case, the individual may have his or her attorney negotiate with the government, and sign a sealed plea agreement months or years before any formal charges are brought. This is a fairly common occurrence in white collar cases.
postal service. The federal anti-stalking law expressly includes the use of an electronic communications system as a means of violating the federal anti- stalking law .
In order to violate the federal, as opposed to a state, anti-stalking law, a person must either travel across state lines, into or out of tribal land, or engage in interstate commerce in the commission of the crime. Most people charged with the federal crime of stalking have engaged in interstate commerce by simply using a telephone, the Internet, or the U.S. postal service. The federal anti-stalking law expressly includes the use of an electronic communications system as a means of violating the federal anti-stalking law.
Often, intent is proven by introducing the defendant's own threatening voicemail messages, emails, texts, and/or Facebook page postings.
Several federal appellate courts have rejected challenges to the anti-stalking statute, when the challenges were based on free speech as protected by the First Amendment. The reason given by the courts for rejecting this challenge, in general, is that the statute bars conduct and is not addressed primarily to speech. This was the reasoning used by the U.S. Court of Appeals for the Ninth Circuit in a June 2014 decision, U.S. v. Osinger, No. 11-50338, upholding the anti-stalking statute. And, where communications by a stalking defendant are "integral" to the crime of stalking (such as verbal or written threats), the defendant cannot successfully challenge the law based on the First Amendment.
A person convicted of stalking under federal law faces a possible prison sentence not to exceed five years, a fine not to exceed $250,000, or both. (18 USC § § 2261, 3571.) Where the defendant's stalking conduct results in the death of or physical injury to another person, a conviction may lead to a sentence of up to life in prison.
acts with the intent to kill , injure, harass, intimidate, or place the victim under surveillance in order to kill, injure, harass, or intimidate that person . (18 USC § 2261A.) In order to violate the federal, as opposed to a state, anti-stalking law, a person must either travel across state lines, into or out of tribal land, ...
Stalking under federal law is a very serious crime and carries a potentially severe sentence. If you or someone you know is charged with the crime, see an experienced criminal defense lawyer in your area. If you believe that you or someone you know has been the victim of stalking, contact the law enforcement authorities right away.