Experience in Contesting Federal Charges
Federal crimes are prosecuted different from state crimes and a successful defense requires care and a strategy based upon preparation, procedural knowledge and trial experience.
If you or a loved one has been charged with a federal crime and are unsure about federal criminal procedure and or the substantive crime charged, contact Matthew G. Jubelt, Attorney and Counselor at Law in Cazenovia, New York.
A Federal Charge and the Need for a Seasoned Courtroom Advocate
Historically, the United States Government is selective in their prosecution of cases and frequently elects to prosecute only those cases that the federal government remains confident in their level of proof and likelihood of a conviction. The Federal Government also has extensive resources at their disposal to build their case. Therefore, hiring a criminal defense attorney with federal trial experience is crucial to a successful outcome.
FEDERAL CRIME SENTENCING GUIDELINES
Federal courts use the Federal Sentencing Guidelines when sentencing defendants convicted of federal crimes. Federal judges consider the following factors, among others, during sentencing:
- Whether or not the crime involved injury to another person
- Whether or not the defendant possessed or used a weapon during the crime
- The criminal history of the defendant
Judges have the discretion to depart from the Federal Sentencing Guidelines. However, the sentences must stay within the mandatory minimum and maximum sentencing requirements set forth by federal statutes. Enhanced penalties may apply when a crime occurs in a protected zone or a school. Additionally, a Defendant may also qualify for other departures from mandatory minimums sentencing requirements through the the so-called safety valve (18 U.S.C. § 3553(f)), permits a sentencing court to disregard a statutory minimum sentence for the benefit of a low-level, nonviolent, cooperative defendant with a minimal prior criminal record, convicted under several mandatory minimum controlled substance offenses. The other two, 18 U.S.C. § 3553(e) and Rule 35(b) of the Federal Rules of Criminal Procedure, also afford a sentencing court comparable latitude but only on the motion of the prosecutor, based on the defendant's substantial assistance to the government, and without regard to the offense charged
Protect your Rights, Secure your Future and Contact an Experienced Trial Attorney
Contact Matthew G. Jubelt, Attorney & Counselor at Law today either through our secure website or by calling our office at 315-665-1902.