What You Should Know about Texas’s Capital Murder Charge
Capital murder is the most severe charge in Texas and can carry the death penalty. A recent story from Lubbock Online highliRead More
Dear General Flynn, Paul Manafort and Jarod Kushner,
I cannot give you legal advice on your specific situation. Nothing in this post should be taken as legal advice for you or anyone else. However, Here is some information that you probably should know:
1. When you are charged in federal court you can be held without bond.
2. When you are charged in federal court your case will be before a District Court Judge who is appointed for life. (Trump cannot fire them)
3. When you are charged in federal court most evidentiary rules favor the Government. (Trump will have no input on these decisions)
4. When you are charged in federal court the odds will be against you. The Government makes strong cases. Sometimes the Defense wins, but it’s a very tough fight
5. When you are convicted in Federal Court a calculation will be made under the Federal Sentencing Guidelines as to what your sentence should be. While the Guidelines are only advisory, most judges stick pretty close to them.
6. When you are serving your sentence in Federal Prison, you will not be eligible for parole. There is No parole in Federal prison. Plan on serving 85-90% Of your sentence.
7 You can request that you be sent to a prison near your home but where you are sent is up to the Federal Bureau of Prisons.
8. When you are charged in Federal Court, your lawyer will have little leverage in negotiating.
9. One of the few ways you can get a sentence reduction is if you cooperate, tell the truth and provide the Government with substantial assistance in the investigation and prosecution of others. If you cooperate and provide substantial assistance the Government may file a 5k Motion suggesting that the Court reduce your sentence. Typically, successful cooperation results in a recommendation that your sentence be reduced by 30%. So if you are convicted, you might get a sentence reduction, but you will likely still go to prison.
10. Sometimes there is a race to the courthouse. That means quite literally, co-defendants often try to get in line quick to cooperate. That is because, those who cooperate first, often stand to get the best sentence. In a manner of speaking, our system encourages and rewards snitches.
Trump will not go to prison. He will avoid it, just as Nixon avoided it. The question you may have to decide is whether you are willing to go to prison for Trump?
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
Client was accused of knocking disruptive student against the wall. Videotape of incident was obtained. Witnessed located and interviewed. On the day of trial, case was dismissed
Client was nurse at mental hospital. Client accused of assaulting fellow employee who was being rough with patient.
Louisiana businessman accused of assaulting co-worker in drunken bar fight.
Client was accused of shoving date out of vehicle and breakings date’s property. Investigation showed allegations were false.
Client was accused of producing and using fraudulent temporary tags in sale of vehicles.
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