How to Get Early Release From Federal Prison - Lawyers Answer

Criminal defense lawyers from LibertyBell Law Group say a federal inmate has few options to get early release from prison, aside from appealing. The programs below have the highest likelihood of granting a federal inmate early release as compared to other types of post-conviction relief and remedies. However, some of the options below have prerequisites such as a drug crime conviction or verifiable substance abuse, among others.

Keep in mind that other post-conviction remedies may be better suited for your particular case.  You should always have a lawyer, experienced in post-conviction relief, review the unique characteristics of your case to determine which legal avenue would be best pursued to get you either early release, a re-trial, or exonerated and dismissed based on new found evidence.

It is important to note that appeals and other post-conviction remedies may require a prisoner to exhaust other available options first. Court filings not done in the appropriate format and order can actually hurt your case.

Programs available for early release or sentence reduction:

• Drugs Minus Two - Available only to federal prisoners with a drug crime conviction. Each case is evaluated by a judge who takes into account legal documents and several factors, such as your case and more. It is akin to having your case reevaluated by a judge who can drop your offense level by two levels and thus shorten sentencing, resulting in early prison release. If a prisoner has served his/her sentence, according to an awarded Amendment 782 decision, the inmate will be released immediately.
• RDAP (Residential Drug Abuse Program) - Available only to prisoners with a documented substance abuse problem among other requirements. Non-violent inmates can receive up to 18 months off the federal prison sentence.
• CASA (Conviction and Sentencing Alternatives) - This program may only be sought before sentencing as it is a post-guilty plea diversion. Criminal defense lawyers fight to prevent a client from going to prison and instead enter the CASA program. Admission into the CASA program is negotiated as part of the plea agreement and requires the defendant to plead guilty. Upon successful completion of the CASA program the guilty plea is vacated and the case is dismissed with prejudice or the defendant will receive sentencing that does not include imprisonment, such as community service.
• Good Time Conduct - Prisoners can get up to 47 days, as calculated by the BOP, for every year of good time conduct, but can be retracted if there is bad behavior by the prisoner.

Each of these programs require a review of many factors to be admitted and some programs only allow a very small number of prisoners to be admitted.

You need criminal lawyers that know the system and the programs so you can have a better opportunity for admittance, sentence reduction, and early release . LibertyBell Law Group attorneys work to position clients advantageously for successful admittance. Our federal defense attorneys can also ascertain you have the legal documentation and court filings required, before sentencing, for admittance into CASA or RDAP if you have not been convicted yet.

If you have already been convicted and are serving your sentence our lawyers can evaluate which program is best for you and will reap you the greatest benefit, including other post-conviction relief methods not listed here. 

Regardless of which program you apply for, LibertyBell Law Group's criminal lawyers say it is absolutely essential for a prisoner be prepared. Preparation may, in fact, determine whether or not an inmate succeeds in getting early release or a reduction in sentence.

If you have been charged with a federal crime or are currently serving your sentence in a federal prison, call lawyers now at 855-LAW-PRO1 (855-529-7761).

What to Expect in a Federal Criminal Trial

You can expect particular events or stages to happen in a federal criminal trial while others may or may not happen depending on the unique characteristics of the case and the defense attorney's strategy and skill. When charged with a federal crime a trial is not required by way of pleading guilty. It is assumed you are on this page because you or your loved one want to prove your innocence or do not agree with the charge(s), counts, or plea offered.

Events Before and During a Federal Criminal Trial:

• Arraignment- the initial hearing wherein the defendant is told his charges and rights. The judge will also ask the defendant whether he pleads guilty or not guilty.
• Discovery- the prosecutor must turn over all exculpatory evidence to the criminal defense lawyers. The criminal defense lawyers may not have to turn over evidence if they agree with the facts and only disagree with the interpretation or story line of the facts. 
• Plea Bargaining- the prosecutor may choose to offer the defendant a plea deal to avoid going to trial.
• Preliminary Hearing- if a defendant pleads not guilty, a preliminary hearing is held. At this hearing, the prosecutor must bind the defendant for trial with sufficient evidence by convincing the judge.
• Pre-Trial Motions- made by the prosecutor and federal defense attorney in requesting the court to make a decision on a particular issue before trial.
• Trial- the facts are presented and narrated to the judge and jury by both sides, the prosecutor and federal defense attorney.
• Post-Trial Motions- these are made in requesting that the court reconsider or re-evaluate it's decision, such as a new trial, correcting a sentence and more.
• Sentencing- if the defendant is found guilty, he will return to court to be read the punishment, which may include time in prison and fines.

It is worth noting that regardless of whether the defendant decides to go to trial or not, an investigation by law enforcement and arraignment is required. However, if the best federal defense attorneys are hired early enough, such as early in the investigation, they may be able to convince law enforcement, such as detectives and/or prosecutor, that the client is innocent and to halt the investigation or drop the case.

Top federal defense attorneys know that which particular charge is brought against the defendant is very important and, if there is overwhelming evidence, can be skillfully argued to another charge that would either require less time in prison  or more easily disproved in trial. The preliminary hearing is very important as it is much like a mini-trial in which a federal criminal lawyer can either argue against the charges for lesser charges, counts, or to dismiss the case. Throughout the federal case, the best criminal lawyers will always be persistent in trying to get the case dismissed, dropped, or continuously cut away at the prosecutor's case to get a winning result.

The reality is federal criminal defense attorneys have many opportunities to sway the case in favor of the defendant from the time the initial investigation begins to sentencing and even beyond, such as in an appeal or other post-conviction relief method.

If you are being investigated by federal authorities it is imperative you talk to top federal defense attorneys immediately. Our federal criminal attorneys are passionate about getting the best for you and squashing the prosecutor's evidence, especially in preventing evidence from being entered, and nullifying the prosecutor's interpretation of events. Speak to our top criminal lawyers now, call 855-LAW-PRO1 (855-529-7761).

Criminal Lawyers in California Support Prop 47

Criminal lawyers in California widely support Proposition 47 because it simply makes sense in light of research gathered from other states successful at reducing crime and mental health research related to drug addiction.

New York is widely recognized for very significant dramatic reductions in both crime and prison populations. Many states across the U.S. using alternative strategies to incarceration in fighting crime  have also experienced reduced crime levels and number of prisoners.

California's Proposition 47 also reflects the executive agenda of the federal government in being smarter on crime. The federal and local governments across the U.S. are starting to implement new policies for low level drug offenders who need drug and mental health treatment. Politicians are noting that prisons may not serve to solve underlying problems of offenders; prisons may actually exacerbate those problems and even harden them into becoming a risk.

Drug treatment  professionals know that if the underlying problem(s) causing addiction are not successfully treated it is very likely the condition and self control of an addict will spiral downwards.

Criminal lawyers and professionals working in drug rehabilitation centers have known for years that an addiction to illegal drugs often goes hand in hand with petty and non-violent offenses, such as theft.

Criminal lawyers from LibertyBell Law Group advise that California Prop 47 is smarter, cheaper and a commonsense justice policy. The lawyers say that sending someone to a drug treatment center may save lives, heighten public safety, and is a more humane and compassionate method to deal with those in unfortunate circumstances.

On November 1, 2014, a similar measure in federal law called Amendment 782 (a.k.a. "Drugs Minus Two") will allow the early release of federal inmates convicted of drug crimes for those who qualify. Though, each prisoner must be reviewed by a judge before approval. Among the many factors considered are the criminal history and conduct in prison.

If Proposition 47 passes, California will follow suit by having each pre-qualified prisoner evaluated by a judge for retroactive sentence reduction. The criminal history and risk assessment will be thoroughly reviewed on in deciding if the inmate poses a danger to public safety. If the judge decides the inmate does not pose a risk to public safety, the inmate will be retroactively sentenced for an early release from prison.

Proposition 47 reduces particular crimes from felonies to misdemeanors where the value involved in the crime does not exceed $950. Drug possession would be reduced to a misdemeanor and the individual would receive much needed drug treatment, and possibly other social services, instead of prison time.

Prop 47 crimes reduced to misdemeanors:

• Shoplifting
• Grand theft
• Receiving stolen property
• Forgery
• Fraud
• Writing a bad check
• Personal use of most illegal drugs

If you or a loved one has been convicted of a drug offense, find out the types of post-conviction relief and retroactive sentencing reduction that are available for an early release from prison and speak to a top criminal lawyer now, call 855-LAW-PRO1 (855-529-7761).

Drugs Minus Two or Amendment 782 Retroactive Sentencing Reduction

Very recently, the U.S. Sentencing Commission created Amendment 782, a.k.a. "Drugs Minus Two," to reduce the guidelines for all controlled substances (drug offenses), by two levels. This amendment will affect all drug offenses except base levels 38 and 6, which are the very maximum and minimum federal drug offense quantities respectively. If Congress does not overrule the amendment, it will go into effect November 1, 2014. There is general consensus that Congress is in favor of it.

Even though the "Drugs Minus Two" retroactivity is expected to go in effect on November 1, 2014, no prisoners will be released before November 1, 2015. The U.S. Sentencing Commission estimates that over 46,000 prisoners are eligible for retroactive reduction in sentences for drug offenses.

In order for a prisoner to be considered eligible for "Drugs  Minus Two" and get a sentence reduction, a judge must carefully examine each prisoner's case and conduct in prison. A judge will only consider if a prisoner is eligible for a "Drugs Minus Two" retroactive sentence reduction if a motion is filed by the prisoner's lawyer.

It is important to note that courts will evaluate and prioritize cases based on the current release date of the prisoners. In other words, the quantity of drugs or other mitigating factors will not be considered in who's case will be combed through first. The release date is of the upmost importance because the government would like to release prisoners affected by Amendment 782 and get them started  on community reentry programs as soon as possible. Community reentry services are  required to assure the success of the persons released back into society so they can get necessary support services and a new start on life.

If you are a prisoner or have a loved one sentenced for a federal drug offense and would like a "Drugs Minus Two" sentence reduction approved by a judge, speak to a lawyer now and call 855-LAW-PRO1 (855-529-7761).

LibertyBell Law Group's lawyers are experienced in successful post-conviction motions and related matters. Simply put, our lawyers know what judges want to see and in what manner they want it presented, which is also very important. Know that having a top lawyer gather the necessary paperwork that is only available and released to board certified lawyers and who has the experience necessary to present you to the judge in the best manner makes all the difference in the world in getting an Amendment 782 retroactive sentence reduction and consequently being released early from prison.

In order to be considered for "Drugs Minus Two" retroactive sentencing as early as possible it is imperative to hire a lawyer immediately so that the motion can be filed on the very first day that Amendment 782 goes into effect, which is November 1, 2014. Hiring a lawyer immediately is important because the lawyer needs to conduct an investigation, get paperwork from the Bureau of Prisons, and write a successful motion which takes time. Keep in mind that getting paperwork from government agencies is time consuming, and it can be hard-pressed getting paperwork from the Bureau of Prisons. You need the most aggressive attorneys, such as the lawyers from LibertyBell Law Group, to get a winning sentence reduction done as soon as possible.

Federal Defense for Drug Trafficking & Witness Protection

When being investigated for federal drug trafficking or being interrogated for involvement with ties to a trafficking conspiracy or associated criminal organization you may be thinking of becoming a criminal confidential informant. Lawyers know the different legal protections available and offered will depend much on the strength of evidence and information provided to law enforcement.

Whether or not you qualify for the witness protection program will depend on many factors such as:

• Proximity to crime
• Witness to crime
• Quality of information provided as hearsay

It is said that becoming a criminal informant is akin to signing a death warrant. There are risks involved in cooperating with the government in exchange for a much lesser sentence. Some of the best lawyers working in federal defense are even able to get the criminal informant probation or complete dismissal of charges. Before making a recommendation, a lawyer needs to evaluate the strength of your case, evidence to be offered to the government against what they already have, their position, and the other defendant's position.

There are many forms of cooperation; witness protection in the form of a changed identity and displaced to another part of the country is rare and generally offered in only extreme cases. Federal drug traffickers and their associates are usually very dangerous and have been known to react violently to a "snitch," even killing off family members. In many cases, especially when not represented by a lawyer, protecting a witness only means that law enforcement will come down hard on the person(s) making criminal threat on the informant putting you and loved ones at a serious risk.

Before considering becoming a confidential informant it is best to speak to a criminal lawyer with federal defense expertise in drug trafficking and organized crime cases. A lawyer can ascertain law enforcement keeps any promises made to you, and you will be protected to the fullest extent of the law. A lawyer can explain the advantages and disadvantages of becoming a confidential informant for an investigation or trial of a federal drug trafficking conspiracy case.

If you are being investigated in a federal drug trafficking case, talk to our lawyers now and call 855-LAW-PRO1 (855-529-7761).

Defense in Federal Criminal Trials by Lawyers

Creating a winning defense for a federal criminal case is very time consuming and involves a lot of work behind the scenes by lawyers and their experts, aside from the skill needed to perform well during the actual trial. Attorneys working on a trial must also consider the unique preferences and characteristics of the court judge and staff. A judge and court staff can make the work of a lawyer much more difficult if they want to, such as by delaying the processing of documents and denying motions.

Attorneys prepare a defense for a federal case by:

• Investigating using his/her private investigators and experts.
• Questioning and researching witnesses.
• Writing legal documents.
• Reviewing and investigating the evidence including mishandling.
• Preparing opening and closing statements and more.

Get more valuable details and read a complete article by clicking this link, how an attorney prepares for defense in a federal trial.


If you are being investigated for a crime, or have been indicted so that you may prepare for federal defense and court it is imperative you talk to an attorney well experienced in federal cases and trials. Call 855-LAW-PRO1 (855-529-7761) now.

Real Estate Investment Fraud Cases

Lawyers know alleged real estate investment fraud can bring to action many separate criminal and civil cases. Investors, the plaintiffs, may bring civil lawsuits against developers, lenders, and escrow companies and any company or individual they believe to be conspiring and directly involved in the scheme to defraud.

A civil lawsuit alleging fraud may prompt a state and federal investigation inciting a separate criminal case and vice versa. State or federal attorneys commonly file criminal charges that include mail fraud, wire fraud, and money laundering in investment fraud cases. Each mail fraud and wire fraud charge can carry a penalty of 20 years in federal prison; several counts can on each charge can severely inflate prison time leading to life in federal prison. Money laundering carries a penalty of 10 years in prison. Penalties also include enormous fines and restitution depending on the amount defrauded.

Going to Trial for Fraud

Civil cases alleging fraud go to trial when a settlement cannot be reached. Lawyers point out that a settlement agreement can be used as evidence in other cases. Going to trial for a federal criminal case needs to be decided by lawyers experienced with federal defense. Criminal lawyers know that accepting a plea agreement for a federal criminal case is generally much better than going to trial, as only 3% of federal trials are won.

However, an experienced top attorney can argue for a plea agreement that is favorable and requires no prison time and also argue down the amount of restitution and fines. Our lawyers have been known to even argue down restitution and fines to the very minimum and even payments of $100 dollars or less a month. Regardless of the route, you need an experienced lawyer to get you the very minimum penalties if convicted, one who can even get you below the mandatory minimum sentencing. This requires great skill and expertise only had by the best lawyers.

Defense lawyers take into account several factors when deciding to go to trial, such as prior criminal convictions, the facts of the case, circumstantial evidence, and more. Generally speaking, if  an intent to defraud can only be inferred, defense lawyers will proceed to a trial by jury. In these types of fraud cases, the 'eyewitness' testimony is actually a person's mental processes that are being disputed for material facts.

Real estate investment fraud cases that question the motive and intent of individuals or companies may raise certain issues to light, such as a company's policies and procedures, personal relationships and histories of involved individuals, fiduciary duties and more.

Accusations of real estate investment fraud are prosecuted aggressively and must be fought by top criminal lawyers. If you have been accused of or being investigated for fraud, contact our lawyers immediately and call 855-LAW-PRO1 (855-529-7761).

Lawyers on Criminal and Civil RICO: Defenses & Distinctions

Lawyers tailoring defenses for criminal and or civil RICO cases take into account many factors. One key distinction between civil and criminal RICO cases is the burden of proof. In a criminal RICO case, a prosecutor must prove the defendant(s) guilty beyond a reasonable doubt. In a civil RICO case, only a preponderance of evidence must be shown. That is, a plaintiff's lawyer must prove the claims and facts in the civil complaint by way of clear and convincing evidence.

Distinctions between Criminal and Civil RICO cases

Civil RICO cases seek a different result, a compensatory gain for damages. Lawyers working on the defense may even agree to a settlement before a jury decision if they feel it is in their client's best interest and they may do so at any time during a trial. Prosecutors in criminal RICO cases vehemently seek imprisonment, fines, and restitution paid by the defendant.

A conviction on a criminal RICO case often results in a prompt filing of a civil RICO case. In the past, a civil white collar RICO case was not likely to prompt a criminal RICO case. However, today state and federal law enforcement agencies are pursuing white collar criminal RICO cases much more vigorously. White collar criminal RICO cases have been increasing and are on the rise in both state and federal courts as prosecutors see it as a very effective tool.

If you are being investigated as part of a RICO enterprise it is imperative you talk to lawyers with expertise in RICO cases, such as the lawyers from LibertyBell Law Group. LibertyBell Law Group has a team of criminal, civil, federal and white collar lawyers who put their brain power and mass experience together with their wealth of resources and experts to get you the best results. In fact, LibertyBell Law Groups has recently attained the coveted Top 100 Trial Lawyers award.

Civil RICO and Fraud

After working on numerous white collar crime cases, LibertyBell Law Group's lawyers know most civil RICO cases involve allegations of fraud. This parallels with government publications which commonly cite fraud as the main racketeering activity among white collar RICO cases. There are many classifications of fraud and the defenses for fraud, or any racketeering activity for that matter, used by top lawyers depend on the type and the unique characteristics of the case.

Defenses for Criminal RICO

LibertyBell Law Group's criminal lawyers build custom and winning defenses for RICO in both criminal case and civil cases. One of the strategies they may employ in defending a client in a criminal RICO case, especially when not representing other defendants in the same case, is to argue and prove the defendant was either not part of the criminal enterprise or to distance the client as much as possible from the enterprise. Another strategy lawyers employ is to build a strong criminal defense against the sole racketeering activity associated with our client. This is more easily accomplished when the client is only associated with one or a few of the many racketeering activities alleged in the case. Of course, these defenses cannot be applied to all cases as all cases are not the same. Our criminal lawyers know the best defense is always a custom made defense tailored to fit the client exactly; it surprises the prosecutor and throws him/her off the balance and stays ahead.

Defenses for White Collar Civil RICO

White Collar RICO cases generally have both civil and criminal threads, however, more often than not private attorneys file civil claims for damages. White collar lawyers from LibertyBell Law Group may seek to prove there was no criminal intent or knowledge in a RICO case and can do so by proving lack of knowledge that is lost along lines of and levels of authority. While this may be an effective defense in a white collar criminal RICO case, defending a white collar civil RICO case requires a different strategy. A plaintiff in a civil RICO case is not concerned with the internal workings of a company as much as there is a concern for monetary losses. In other words, the legal definition of the business and how it relates to the "enterprise" is sought to be accountable for monetary losses in most white collar civil RICO cases.

Lawyers know that if fraudulent or criminal intent is proven this can result in substantially higher settlements. In other words, if the plaintiff successfully proves racketeering activities were carried out, such as mail fraud, wire fraud, money laundering or others, the defendant will have to pay out substantially higher amounts of money. When there exists mountains of evidence that resulted in monetary losses to the plaintiff, white collar civil lawyers will seek to prove no criminal or fraudulent intent to minimize the settlement amount. White collar lawyers from LibertyBell Law Group also seek to preserve the public image and reputations of clients.

How Criminal Lawyers Discredit Witness Testimony

Criminal lawyers experienced in trials use many methods of discrediting witness testimony, whether it is given by an expert or lay person. Usually, this is done by the criminal lawyers during direct examination.

Even though direct examination of witnesses occurs during trial, criminal lawyers will investigate and question witnesses before trial and even before pre-file for several reasons. One reason is the lawyers may want to gauge the witness's personality, demeanor, communication style and more.

Another reason may be to see how much information or evidence the witness is aware of and how much knowledge they are willing to share with the lawyers, knowing that witnesses may not initially tell everything they know about the crime or surrounding circumstances. Criminal lawyers may also want to see how honest a witness is by comparing current statements to previous statements, whether written, verbal, or taped, and comparing statements to evidence. Know that top lawyers conduct their own investigations to gather evidence and witness testimonies beneficial to the client.

There are many reasons why and when a lawyer may want to question a witness but most depend on the unique facets of the case.

 

Videotaped Testimony of Witnesses

Lawyers may use videotaped testimony if they believe the adverse witness would perform poorly under those circumstances, such as a witness who is likely to display negative characteristics. Witnesses who are argumentative or appear uncertain, wavering or nervous in a video tend to have these characteristics emphasized in this type of format which makes the jury less likely to believe the witness.

Trial Tactics used by Criminal Lawyers

Complex and federal cases or cases involving hearsay are inclined to have more witness testimony and thus are also more inclined to proceed though trial. There are many tactics attorneys will use during criminal trial proceedings. When criminal lawyers question the prosecutor's witnesses it is referred to as cross-examination. During cross-examination, top lawyers will show that the witness should not be given the authority of reliable testimony.

Criminal lawyers may use either harsh, nice, or a mixed style to confuse and discredit the witness, gain leverage, and or influence the jury. The best lawyers plan ahead but are also able to make split-second decisions on changing their line of questioning or style by reading the present reactions from the jury and the witness. This level of expertise comes innately to LibertyBell Law Group's lawyers but it is also gained from having worked on countless trials in state and federal courts across the nation. The lawyers from our criminal defense law firm have worked on numerous trials with all sorts of lay and expert witnesses and in all types of cases.

If you are being accused or investigated of a crime, call and speak directly with our expert criminal attorneys now at 855-LAW-PRO1 (855-529-7761) or you can also type in the details of your case in our "Case Submission Form" located on the right side of our website at LibertyBellLaw.com for a free case evaluation.

Mail Fraud Defenses Used by Criminal Lawyers

There are numerous mail fraud defenses criminal lawyers use but each defense has to negate at least one of the two elements of mail fraud to be successful. Prosecuting attorneys must prove, beyond a reasonable doubt, mail fraud occurred because the defendant formed or planned a scheme to defraud or had intention to do so. The prosecution must also prove the use of mail as a step in the plot or essential part of the scheme. In effect the mailing must be "in furtherance", (Mail fraud case- Kann v. United States, 323 U.S. 88, 95), of the scheme to defraud.

The overly broad nature of both elements of mail fraud make it a convenient tool for prosecuting attorneys to use, but case histories have limited its power. Since the mail fraud statute was enacted there have been amendments and hundreds of cases further defining it's scope and use. Along the way, there have been some common mail fraud defenses developed by criminal lawyers applied in a general sense. However, experienced criminal lawyers know the real work is in the details and what separates the mediocre from the best lawyers.

Common Mail Fraud Defenses used by Criminal Lawyers:

• Good Faith is a complete defense seeking to prove a defendant had no intention to defraud. It is whole because, if successful, shows an absence of fraud.
• Puffing is a defense used by criminal lawyers contending that alleged misrepresentations are matters of opinion made by the defendant rather than intent to defraud. It is the degree of "puffing" that must be argued by lawyers and what is usually the issue in court. If there exists evidence of actual and obvious statements made about a service or product that in no way could have been possessed than this is not suitable defense.
• Constructive Fraud defense is used by criminal lawyers when proving there was no intended fraud but rather the result of careless business conduct and gross negligence.
• Lack of Authority of an employee or other agent who performed or schemed fraudulent acts not authorized by the defendant.
• Uncertainty of criminal mail fraud laws is used by criminal lawyers in showing the defendant's acts are not specifically prohibited. Criminal lawyers often use this defense in conjunction with other defenses such as "puffing."
• Statute of Limitations on Mail Fraud has run out. The statute of limitations for mail fraud is 5 years. If the mail fraud was allegedly targeting a financial institution, the statute of limitations is 10 years. For a all mail fraud cases the statute of limitations starts when the last use of mail was done, not when the scheme was devised.

There are many facets to successfully invalidating a mail fraud charge against a client by criminal lawyers, including having experience in federal courts, knowing how to build rapport with the jury, knowing when and how to deliver your arguments, knowing which witnesses to call to stand and asking questions to get favorable responses and much more. Criminal lawyers know defending mail fraud is not a walk in the park, quite the contrary. The best criminal lawyers also know how to make split-second decisions and strategic maneuvers during trials. Top criminal lawyers use a wealth of resources and dedicate lots of time behind the scenes in building a unique defense appropriate to the client and the specifics of the case.

Though there are some common defenses used for mail fraud it is the way experienced criminal lawyers innovate these defenses and, in effect, make them new that can really throw the attorneys working as the prosecution for a loop. Of course, criminal lawyers also use completely new mail fraud defenses and defense tactics as necessary in gaining a favorable outcome.

If you have been charged or are being investigated for mail fraud, (and other conjoining charges such as wire fraud), it is imperative you speak to criminal lawyers now and call 855-LAW-PRO1 (855-529-7761). The earlier a criminal lawyer can start on your case the easier the defense; criminal lawyers may also prevent or lessen the charges filed.

Criminal Lawyers on Defending Mortgage Fraud

Criminal lawyers thoroughly analyze all associated documents, the loan process, institutions and individuals involved to build a great defense for mortgage fraud. Criminal lawyers know that being one step ahead of the prosecutor and investigators is of vital importance, especially in resolving a case quickly and with optimal benefit.

In "fraud for profit" mortgage cases criminal lawyers may choose to minimize the role of their client. This defense used by criminal lawyers can be more effective when a group of individuals work together to benefit from the mortgage. The best criminal lawyers also have experts and private investigators who can find evidence linking off-the-record relationships while at the same time minimizing the role of the client and effectively shifting criminal intent to others.

Criminal lawyers can use many other defenses when the mentioned is not helpful to the client. For instance, if an individual is accused of mortgage "fraud for housing", a criminal lawyer will investigate if the borrower actually signed the application or if the loan office prepared and signed it for the borrower. By law, the borrower must have also agreed to have filed copies of tax returns released to the lender by signing an IRS Form 4506.

 

Top Criminal Lawyers Custom Make a Defense for Mortgage Fraud

A fraud defense built for a client by criminal lawyers is largely dependent on the unique characteristics of the mortgage case, the individuals, and the transaction. A defense may work very well for one client but not another. The best criminal lawyers custom make a defense for each client. Custom made defenses by lawyers for a criminal or civil case of mortgage fraud is best as the opposing side, such as a prosecutor, will not be able to predict the next move and will not know what to expect.

If you have a criminal or civil case involving mortgage fraud, call and speak to our lawyers now at 855-LAW-PRO1 (855-529-7761).

Influencing the Jury in a Criminal Trial

During a criminal trial, research has proven that your appearance and demeanor can influence a jury and a judge's bias and decisions. Whether we like it or not, jurors and judges are humans, and like all humans, they make judgments about a defendant immediately upon first seeing them and throughout the case. Which is one of the reasons why you should never attempt to represent yourself. Having an experienced lawyer at your side defending you and arguing your innocence adds credibility to your case and makes your defense more believable.

The journal of  Psychology, Crime & Law has findings in "Dangerous decisions: the impact of first impressions of trustworthiness on the evaluation of legal evidence and defendant culpability." The conclusion from this research was that judges and jurors cannot accurately evaluate whether a defendant is credible, that is whether or not the defendant tells the truth or lies.The research also concluded that defendants appearing untrustworthy required less evidence presented to the jury and the judge to arrive at a guilty verdict and were more confident about their decision.

The research is clear, if you are making an appearance in court for any hearing or trial you should present yourself at your best. It is of utmost importance for the jury and the judge to like you or at least respect you and most importantly believe your side of the story.

Know that your future and life are on the line, and behaving your best and having the best appearance in court is a small price to pay now for a potentially reduced or dismissed sentence.

 

Appearing Trustworthy in the Courtroom and During a Criminal Trial:

• Always be on time or early to ensure you are on time for all court appearances. Arriving late makes you appear less trustworthy, less credible, and less likable.
• Never speak out of order. Never speak unless you are asked to speak. Do not whisper, talk, or mumble under your breath. Do not interrupt someone when the person is talking or asking you a question. If you are unclear about what someone is asking you, ask them to rephrase the question when they are finished talking.
• Always dress conservatively, as if you were going to a job interview or going to see the President. Cover up as many tattoos, piercings, and body markings as you can. For instance, if you have tattoos along the length of your arms, consider wearing a long sleeve button down shirt. Wear neutral colors if you can; avoid loud or neon colors. If you feel you do not own clothing that a judge and jurors, (which are usually much older in age), would consider conservative based on their opinions, consider going to a used clothing store. Your life and liberty is priceless and at risk, and well worth spending just a few dollars now.
• Do not wear excessive jewelry, make-up, or accessories.
• Do not wear a hat or cap.
• Be sure to have great personal hygiene.
• Be sure your hair is nicely combed or brushed and conservative.
• Speak in as perfect English as you can and avoid using slang language.
• Be especially careful and very aware of your facial expressions and responses to critical testimonies, evidence, and the other side's arguments.
• Try your best to look innocent, as if you somehow have gotten tangled up in the criminal justice system.
• Never show anger, indifference, scorn, or have the attitude of not caring.

When your life is hanging in a balance, the best lawyers know that every detail matters. Every argument, every piece of evidence and subtle nuance is a piece of the puzzle that creates the big picture. Top U.S. criminal lawyers have a mountain of credibility that transfers onto their clients by way of association. LibertyBell Law Group's lawyers have a history of wins and getting the best results for defendants accused of a crime. They are also well respected and known for their tenacity, expertise and creative defenses. If you are being investigated or charged with a crime, call our lawyers now at 855-LAW-PRO1 (855-529-7761).

Felon in Possession of Firearm Sentencing in Federal Courts

Being charged as a felon in possession of a firearm in a federal court is no walk in the park. If found guilty, the sentencing judge calculates the imprisonment based on mandatory minimum sentencing guidelines, previous convictions, and grounds for departure. The federal guidelines for sentencing felons in possession are severe. Sentencing is calculated by considering the base offense level, as laid out on the Guidelines Sentencing Table, and adding on enhancements depending on the unique features of the federal firearms charge and surrounding circumstances of the felon and situation in which the firearm was possessed.

Federal Sentencing for Felon in Possession of Firearm and Enhancements:

• The minimum base offense level is 15 and the maximum is 29.
• 15 year mandatory minimum sentence for a person who had 3 prior convictions of robberies, burglaries, or both on their record before they turned 18 (U.S.C. 922(g)).
•  Possession of a semi-automatic firearm, shotgun having a barrel(s) of less than 18", weapon made from a shotgun or rifle less than 26" or barrel(s) less than 16", rifle having a barrel(s) of less than 16", machinegun, silencer, or weapon that can be discharged through the energy of an explosion increases the base offense level increases to 20 (U.S.C. 2K2.1)..
• Possession of a destructive device (bomb, grenade, mine or similar device) 2 is added to the base offense level of 20, making the offense level 22 (U.S.C. 2K2.1).
• Possession of a rocket or missile adds 15 to the base offense level of 20 making the offense level 35 (U.S.C. 2K2.1)..
• A stolen firearms will add 2 points to the base offense level (U.S.C. 2K2.1)..
• Any destruction or alteration of the firearm's serial number will add 4 points to the base offense level (U.S.C. 2K2.1)..
• If more than 3 weapons were possessed the base offense level increases depending on the precise number of weapons possessed (U.S.C. 2K2.1)..
• A former conviction of violent crime or drug offense increases the base offense level to 20.
• If a aforementioned weapon was in possession and a prior drug or violent crime offense exists the base offense level increases to 22 (U.S.C. 2K2.1)..
• If there were two prior drug or violent crime convictions the base offense level increases to 24 (U.S.C. 2K2.1).. If the 2 priors existed and are combined with possession of a firearms listed above the base offense level increases to 26  (U.S.C. 2K2.1)..
• Firearm trafficking raises the level by four  (U.S.C. 2K2.1)..
• Possession of a firearms in connections with another felony raises the level by four (U.S.C. 5K2.6).
• Other enhancements that lengthen sentencing may apply that can raise the base offense level well past 29 (U.S.C. 2K2.1)..

There is no doubt that federal sentencing for a felon in possession of a firearm is a very serious matter especially when coupled with enhancements. If you are a felon and are being investigated or charged with possession of a firearm, you need top criminal lawyers to build a strong defense and get the judge to depart from the mandatory sentencing guidelines.

Getting a sentencing judge to depart from the mandatory sentencing guidelines and offer much lower sentencing, dismissing the case, or probation for a felon can only be done by criminal lawyers experienced in federal courts. Expert criminal lawyers know how to minimize the effects of prior convictions. For some cases they can argue that you had some bad judgment or just made a bad decision but you are not dangerous to others and don't deserve to be in prison. That is just one strategy, but there are many case strategies criminal lawyers use but ultimately the strategy they choose for a solid defense will entirely depend on the unique characteristics of your case, the prosecuting U.S. attorney, prior criminal history and other factors.

LibertyBell Law Group's criminal lawyers  have a lot of experience in federal courts and they have the resources and expertise to get you the best result. The expert lawyers work hard and develop a unique defense ideal for your individual federal case. They also know the differences between the judges and U.S. attorneys and how to best work with each. LibertyBell Law Group's lawyers have an excellent history of getting the best results for state and federal cases, well above average.

When do Criminal Lawyers Use the Entrapment Defense?

Entrapment is the term used to describe when a person is induced to commit a crime as a result of law enforcement creating a deceptive mock situation, called a sting operation, in order to charge the person and get a conviction.

Sting operations are commonly used for:

• Prostitution
• Robbery
• Drug Bust
• Gambling
• Terrorist attacks
• Sex offender registration
• Lewd and lascivious conduct
• Solicitation of minor on internet
• Receiving or distributing child pornography
• Disseminating matter harmful to minors 

Sting operations have been used for decades by police, detectives, the FBI and more and they have become very sophisticated and have a history of getting convictions.

Criminal lawyers use the entrapment defense when law enforcement has overstepped its bounds by threatening, harassing, or using excessive tactics to persuade someone into committing a crime. The entrapment defense is successful only when criminal lawyers can prove the defendant would have not have committed the crime if not only because of the sting operation. 

In the past, judges and jurors have not ruled it unlawful for law enforcement to create an opportunity for committing a crime to find someone guilty. The most important key aspect a judge and jurors examine is whether or not the defendant would have committed the crime without law enforcement if the opportunity presented itself.

Prosecutors know if a defendant has a criminal history "entrapment" is probably not going to be a good defense and it will not be accepted by jurors or the judge.  Knowing this, law enforcement uses entrapment in order to convict a person otherwise hard to catch, a person to which they have reason to believe is committing crimes but they don't have enough evidence to file charges. In these types of cases, top criminal lawyers will not use the entrapment defense, knowing it will end badly for the defendant. Rather, criminal lawyers will work with experts, investigators, and a team of other attorneys to find holes in the prosecutor's case in order to make a solid criminal defense strategy.

Criminal lawyers know that using "entrapment" can actually be the worst defense for some cases. Top criminal lawyers with lots of experience know there are much better defenses that can be used, though they require much harder work, but well worth it if it results in a win for the defendant.

Entrapment can be a great defense, when the defendant has no criminal history, has an outstanding reputation in the community and other various factors criminal lawyers take into account to show the defendant was entrapped.

Sentencing for Mail & Wire Fraud Conspiracy Argued by Criminal Lawyers

When sentencing for mail fraud and wire fraud conspiracy is argued by criminal lawyers there are complex issues that can be raised in building a good defense. In a recent mail fraud and wire fraud conspiracy case, USA v. Juncal, criminal lawyers brought up an interesting but important issue in intended loss versus actual loss.

The mail fraud and wire fraud conspiracy involved 4 defendants trying to lure a broker into financing an imaginary Siberian oil pipeline. The 4 defendants were attempting to borrow 3 billion dollars from a hedge fund. 

Sentencing by the District Court

All defendants in this federal case were found guilty of mail fraud and wire fraud conspiracy. Each received a sentence of 20 years in federal prison plus 3 years of supervised release.

Mountain of Evidence for the Mail and Wire Fraud Conspiracy

In building their case, the prosecuting attorney and FBI had inside informants, recorded conversations, emails, documents, and the defendants had even admitted to their crimes. The mountain of evidence and admittance of guilt on attempted fraud was enough to make any criminal lawyer cringe. However, when there is absolutely no way of proving innocence, criminal lawyers must show the unique circumstances and characteristics of the case and the defendants to compel the judge to diverge from the federal sentencing guidelines. Criminal lawyers must show how unreasonable a sentence is in light of the true nature of the crime committed or attempted.

The Appeal

The defendants appealed the sentencing and conviction for mail fraud and wire fraud conspiracy. The criminal lawyers argued in the appeal that no reasonable investment professional would have believed such an absurd story and that every bank must engage in due diligence and investigate a potential client when applying for a loan.

The brokers did, in fact, admit to bursting into laughter, when sharing the applicants information with his colleagues. The defendants were trying to pass off as wealthy bankers consisting of a coalition of Buryatian nationals and Yamasee tribesmen using AOL email accounts and obviously doctored copies of T-notes to be used as collateral for 5 billion dollars. A simple Google search by the broker revealed the Yamasee tribal confederation had broken up in the 18th century. Even the terms of the proposal were comical as it promised the lender 14 billion dollars in profit over 5 years.

Criminal lawyers demonstrated well in the appeal that there really was no real victim and the conspiracy to defraud involved no actual loss or even probable loss. The District Court treated the conspiracy as a multi-billion dollar fraud, without taking into account the total circumstances of the case, which led to unfair sentencing for this particular mail and wire fraud conspiracy.

The criminal lawyers were successful in showing the sentences imposed on the appellants were excessively unreasonable. Today, July 23 of year 2013, the judge ruled in favor of resentencing to take into account all the factors of the mail and wire fraud conspiracy case and directed the District Court to not impose sentences greater than necessary. Top criminal lawyers from LibertyBell Law Group applaud the judge in taking action to reduce the sentence for the 4 defendants.

Criminal Lawyers on Fraud Defense

LibertyBell Law Group Criminal lawyers deal with bank, mail, and wire fraud the most. In building a defense, criminal lawyers often use the same underlying theory. The most common defense for fraud criminal lawyers use is the client acted in good faith. Criminal lawyers use the good faith defense to show an absolute absence of fraud to prove the client's innocence.

Using the good faith defense for bank, wire, and mail fraud by criminal lawyers has been treated differently by the courts in the way they give jury instructions. LibertyBell Law Group's criminal lawyers know the unique characteristics of the courts and their differing opinions. They know that in some courts they must prove good faith beyond a reasonable doubt. They also know that in some other courts they must prove that not only did the client honestly believe the investment would be successful, but also that the client did not intentionally misrepresent earnings or the customer base.

This leads us to another fraud defense used by criminal lawyers, which is criminal intention was not owned by the client but rather by a third party, business partner or employee who is also a decision maker. Criminal lawyers most often term this as the "innocent decision maker", though some courts do not accept this defense for fraud.

A good fraud defense involves criminal lawyers proving an absence of intent to defraud, absence of negligence, and absence of recklessness. The prosecuting attorneys must prove actual knowledge of fraud being committed. LibertyBell Law Group criminal lawyers show that the mental state of the client had no intent to deceive, manipulate or defraud.

It takes great skill and expertise to find and use evidence in each particular fraud case supporting a winning defense. The theory is not in itself of much surprise or importance as the actual evidence and arguments made by criminal lawyers in defense against fraud. In fact, most criminal lawyers use the same defenses, but the way in which they conduct investigations, present evidence and arguments, and interrogate witnesses among other tactics can vary significantly depending on their own individual abilities and resources.

Top criminal lawyers have a wealth of resources and work on a team of attorneys and experts and together they dissect and piece together a winning fraud defense. The best criminal lawyers, like those from LibertyBell Law Group, are known for the winning case results and are well respected by judges, clients, and other attorneys.

Criminal Lawyers Hail New Drug Possession Laws in California

Criminal lawyers are crossing their fingers for changes to drug possession laws in California. The new law, SB 649, would allow prosecuting attorneys to use discretion in charging drug possession as either a felony or misdemeanor. Legislators and criminal lawyers alike are hopeful in that prosecutors will opt to a misdemeanor, instead of a felony, for drug possession when a defendant has no prior criminal history and is non-violent.

Criminal lawyers from LibertyBell Law Group who day in and day out represent violent and non-violent defendants on the full range and degrees of crimes, know first hand that most charged with drug possession need drug treatment, not incarceration. In agreement with Senator Leno, criminal lawyers uphold that drug treatment for simple drug possession makes not only fiscal sense but common sense in treating drug addicts.

Currently in California, drug addicts are charged with a felony for drug possession of cocaine, opiates, heroin and other drugs and are thrown in prison. They never receive the drug treatment they need. Upon completion of their prison sentence, they are released back into the community, and because of the felony on their record they have very little chance of finding a job, and are also not eligible for any government assisted programs such as housing, student loans and more. Criminal lawyers speculate that because they never receive drug treatment when released the addicts are likely to be charged again with another felony for drug possession. In essence, it's easy for someone charged with a felony drug possession to cycle in and out of prison.

SB 649 is a positive and much needed change to existing drug possession laws that have not eradicated any problems but rather encouraged problems. Criminal lawyers know that prisons can have a dramatic and debilitating long term impact not just on the individual but also on their loved ones. LibertyBell Law Group's expert criminal lawyers work very hard every day to save people from the awful life circumstance of having to go to jail or prison. Numerous cases are won every day that give people a life to live outside of a grim 6 feet area adjacent to unwelcoming criminals.

Prosecutor Fired After Trying to Win at All Costs, Even Lying

The prosecuting attorney in a murder case, in Ohio, was fired after his superiors found out he created a fake Facebook profile to dissuade the witnesses going to be used by the criminal lawyer for the defendant. The criminal lawyers had notified the prosecutor, Aaron Brockler, that their witnesses had alibis placing the defendant on the other side of town when the murder occurred.

The prosecuting attorney was so intent on winning and convicting the defendant for murder, he broke Ohio law, which states that an officer of the court "shall not knowingly...make a false statement of material fact or law to a third person." After making a fake Facebook profile, the prosecutor "friended" the alibi witnesses and lied by telling them he had a child with the defendant and was the ex-girlfriend. Both witnesses, angry at the news, detracted their wanting to give testimony for the defendant.

Criminal lawyers that must deal with prosecutors all the time in defending their clients know that you must be very careful with prosecutors. In the end, prosecutors are human beings that can be swayed by their own personal motivations and undercut the rules of the court. Top criminal lawyers also know they must keep a very watchful eye on prosecutors and track every step and move they make.

Criminal lawyers from LibertyBell Law Group work with top investigators and experts and together they form a strong shield of protection around their clients and witnesses. Our criminal defense law firm is composed of the top criminal attorneys in the country who pool their knowledge, resources, and expertise for each individual case in building winning case strategies.

How Being Silent Can Be Used to Convict You - In Texas

Criminal lawyers highly recommend you take note of a new Texas Supreme Court ruling, Salinas v. Texas, decided on June 17, 2013. The Supreme Court in Texas has ruled that silence used by a person when being interrogated for a crime by the police or those working for law enforcement, such as detectives, before being arrested or read your Miranda rights, can be used against you as evidence.

In the case that caused the ruling, Genovevo Salinas voluntarily answered all questions police asked him, except one, the question on whether the shotgun shells found at the crime scene matched the shotgun found at his home. The defense lawyers representing Salinas objected that Salina's silence should not be entered as evidence in trial, but the court allowed it. Salinas' silence was used by the prosecuting district attorney to convict him for murder.

The Supreme Court in Texas made it also clear that, because Salinas did not invoke his right to the Fifth Amendment, the prosecuting attorney could use his silence as evidence.

Criminal lawyers know that this recent Supreme Court ruling will change the way Texas law enforcement conducts investigations, questions witnesses and suspects, and how they advise them of their Miranda rights. This new ruling will also affect the way prosecutors in Texas use evidence to prove a defendant guilty. Top criminal lawyers advise you to never, under any circumstance, voluntarily consent to a meeting with law enforcement or go voluntarily to a police station in Texas without first talking to a criminal lawyer. If you are physically confronted by law enforcement in an investigation and have not had the advice of an attorney, criminal lawyers advise you to formally invoke the Fifth Amendment. You can simply say, "I plead the Fifth amendment."

Criminal Lawyer Defense Strategy

A criminal lawyer must build a defense strategy for a client based on facts, though different versions of what happened can exist based on the same facts. In other words, a prosecutor and a criminal lawyer will represent their side of the story based on the same facts. In the criminal justice system, the facts are what can be referred to as evidence. Part of the defense strategy criminal lawyers may use is arguing over what is valid evidence, if the evidence was handled appropriately, and if the evidence was collected legally.

The best criminal lawyers will have a defense strategy using the facts but painting a different picture of what happened and showing the defendant in the best light. Criminal lawyers know that many times the people involved in a crime will have a different version of what happened based on their own perspective and experience. The best criminal lawyers work with a team of lawyers, investigators, experts and also know how to interview witnesses to the client's benefit. Knowing the reputation of the investigators and policeman involved and having the experience to have worked with them and the judge before is also an advantage. Criminal lawyers having a reputation for being leaders in criminal defense is also a great advantage that cannot be underestimated.