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).

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).