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Criminal Defense Articles
The Juvenile Justice System
Before social reformers made it their mission in the early twentieth century to differentiate between juvenile offenders and adult criminals, anyone over the age of 7 who was convicted of a crime was punished as an adult. Many argued that this policy was much more effective in preparing children for a life crime than it was in preventing children from re-offending. After tireless efforts on the part of child advocates and reformers, those in power came to agree and a new system of juvenile justice focused on education and rehabilitation rather than punishment was born.
How Will My Sentence be Decided?
As you might imagine, the sentence you receive depends heavily on your individual case. The type of crime you’ve committed, the sentencing guidelines or statutory recommendations for the crime, and your criminal history are probably the three most prominent factors a judge will consider when determining your sentence. Sentencing is generally broken up into four different categories: fines, community service, probation and jail or prison time.
White Collar Crime Case Summaries
[02/23] US v. Brown
Former Chief Legal Counsel for Rite Aid's conviction and sentence for conspiracy to commit accounting fraud, filing false statements with the SEC, and other related crimes, is affirmed in part, reversed in part and remanded where: 1) district court did not abuse its discretion in denying defendant's Rule 33 motion based on newly discovered evidence; 2) defendant's pre-trial suppression motion of the taped conversations was properly denied; 3) district court did not abuse its discretion in its reaction to defendant's plea agreement; and 4) defendant's sentence is vacated and remanded as the district court failed to explain, in the manner now required under Booker, how it considered the section 3553(a) factors in imposing the sentence.
[02/11] US v. Johnston
District court's resentencing of a defendant to 51 months' imprisonment and an order to pay restitution for the full amount of loss in excess of $6,600,000 for failing to pay $1 million in restitution by the deadline provided in a plea agreement for committing mail fraud is affirmed as the district court's willfulness finding was not clearly erroneous based on its findings evidencing defendant's deception and manipulation regarding his finances.
[02/02] US v. Speakman
In a wire fraud prosecution, the district court's restitution order is reversed and remanded where a remand was appropriate to allow the government to present evidence of the proximate cause of the loss to defendant's employer, which paid an arbitration award to the victim of defendant's fraud.
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