Archives: FAQs
Yes, if you pled guilty in federal court without a plea agreement, you can appeal your sentence if you believe that the judge miscalculated your sentencing guidelines or imposed an unreasonable sentence.
In federal court, you must file a Notice of Appeal within fourteen days of the written sentencing judgment in your case.
There is no general answer that applies to all cases with respect to how long you can expect your appeal to take and it often depends on whether or not there was a trial and how long the trial lasted. You should expect a federal appeal to take at least several months and quite possibly…
In mostly all federal cases you must begin serving your sentence while your appeal is pending. Nevertheless, Broden & Mickelsen, LLP have had some success in the past filing a Motion for Release Pending Appeal which allowed our client to remain on release pending appeal.
If you have lost your appeal in federal court, you have ninety days to ask the United States Supreme Court to hear your case by filing a Petition for Writ of Certiorari. Keep in mind, however, that the Supreme Court agrees to hear less than one percent of the cases it is asked to hear…
First, multi-defendant trials in Texas state courts are almost non-existent. However, most federal drug cases involve more than one defendant and a conspiracy charge. The court will instruct the jury that it must consider the guilt of each defendant separately. Thus, in many federal drug trials, there are complex dynamics in play. One defendant may attempt to…
Federal drug cases do not move quickly, and there are often delays. It typically takes a year or more from the time a person is indicted for the case to get to trial.
With numerous defendants, witnesses, and evidence to present, federal drug trials can take some time. Federal trials usually last at least one week. In rare cases, they may last several months.
The federal sentencing guidelines reward defendants who plead guilty for “accepting responsibility” and reducing their offense level. Pursuant to plea agreements, federal prosecutors can stipulate to the offense level or factors used in determining the offense level. Federal prosecutors are also permitted to award defendants with substantial reductions in their sentences when they “cooperate” and…
Yes. Tax fraud is a violation of the U.S. Code. Most cases of tax evasion and other forms of federal tax fraud are prosecuted as a violation of 26 U.S.C. § 7201. A conspiracy could also be charged under 18 U.S.C. § 371. The IRS is the federal agency that investigates tax crimes.