1 John C. Coughenour Western District of Washington [I] sent a copy of your letter to a friend of mine who is a United States Senator, with whom I ve had a lot of discussions about mandatory sentences.... I m going to have a discussion with him about what he would do in this case and then tell him what I had to do as a result of the statutes that members of Congress have imposed upon the courts. Maybe some small amount of good will come out of your story.1 [P]lease forgive me if I lapse into a consideration of what might be just in this situation as opposed to how the guidelines tell me I should sentence, and bear with me if this is an exercise that we ve become unfamiliar with under the guidelines, but I would like to talk about what justice requires.2 Appointed by: President Ronald Reagan, Law School: University of Iowa, J.D., Prior Legal Experience: Bogle & Gates, , Background and Reputation in the Legal Community Prior to his judgeship, Coughenour practiced at Bogle & Gates law firm in Seattle where he specialized in litigation. Lawyers praise Judge Coughenour s judicial talent and his understanding of evidence and procedure. His courtroom is considered fast-paced and efficient, and he is known for not putting up with nonsense from lawyers. Criminal defense lawyers say that the judge is fair in trial, although some wish he was more skeptical of the police. Other anonymous comments include that he is pro-prosecution, but otherwise he s basically very good. He puts the fear of God in defendants. He ll give them a decent break though. He s not liberal, but he s fair. On sentencing, defense lawyers say that Judge Coughenour is reasonable but usually follows the Guidelines. Two others noted, If there is some compelling reason that the defendant should get a lighter sentence, he ll be receptive to it. He believes in trying to maintain discretion in spite of the guidelines. Several pre-guidelines cases are illustrative of Judge Coughenour s sentencing philosophy. In 1983, he presided over a criminal antitrust case involving corporate executives charged with conspiracy to rig bids on contracts for nuclear power plants for the Washington Public Power Supply System ( WPSS ). At that time, WPSS s problems caused the largest municipal bond default in U.S. history. The judge fined the corporation the maximum of one million dollars million and sent one of its officers to jail for five months. In 1993, he rejected a death row inmate s claim that execution by hanging was cruel and unusual punishment under the Eighth Amendment. In contrast, that same year, he allowed a 23-year old man convicted of sale and manufacture of steroids to avoid prison by attending college, maintaining a certain grade point average, and doing community service work during his five 1 Sentencing Transcript at 5, United States v. Charles O. Niebuhr, Cr C-001 (W. D. Wash. May 16, 1995) (Sent. Tr. I). 2 Sentencing Transcript at 9, United States v. Wayne D. Fletcher, Cr (W.D. Wash. Oct. 1, 1999) (Sent. Tr. II).
2 year probationary period. I think the judge really wanted to help this kid and gave him a damn good incentive to get educated, said the man s defense attorney. Charles O. Niebuhr Charge: Felon in Possession of a Firearm. Sentence: 15 Years Mandatory Minimum. Release Date: October 4, At first glance, Charles Niebuhr s fifteen-year sentence for possession of a gun by an ex-felon appears to a reasonable example of just desserts. Charles had already been convicted of grand larceny, robbery, armed robbery, attempting to obtain a controlled substance by fraud, forgery, and escape (twice),3 before he committed the armed bank robbery that gave rise to this federal prosecution.4 But to Judge Coughenour, Charles life was more complex than the paper record disclosed. Charles was the oldest of four children and his father was physically abusive to his children and wife. After an incident in which his father beat his mother into unconsciousness, she took the children and left the home. When his father failed to provide any financial support, his family had to move to the bad side of town where they lived on welfare and other forms of government assistance. Charles moved out at age fifteen or sixteen, but he frequently returned to visit his siblings. Guilty over their lack of food and clothing, Charles dropped out of school and began stealing to help provide for them. He was caught and sent to a juvenile facility. At seventeen, he joined the Army as a way out. In 1970, he was introduced to heroin and became an addict for ten years, during which he spent much of his time in prison for drug related crimes. He eventually kicked heroin but then became an alcoholic and committed further crimes. In 1978, he met his current wife. She visited him when he went to prison again and married him while he was still incarcerated. Upon his release, with her support, he went to school and got his semi-truck driving license. He quit drinking, worked hard, and helped his wife raise her two young daughters. By 1991, he owned two trucks, leasing one while continuing to drive his own. He had credit, a home, and regular vacations. He truly felt that he had left his old life behind. Unfortunately, this success went to his head. He over-extended himself financially and started drinking after work with his friends, despite his wife s best efforts to d i s s u a d e h i m. The drinking led to an arrest for DWI, which in turn cost him his driving license, his trucks, and his credit cards, all in the course of about three months. Then, on October 11, 1991, while continuing to drink with his friends bemoaning his bad luck, one of the men suggested 3 farm. His escape convictions were for walking away from a work release and from an honor 4 As explained in the text, Charles was prosecuted by the State of Washington for the bank robbery and only faced federal charges for the possession of the gun.
3 that he rob a bank to wipe out his debts and also lent him a gun for that purpose. Charles continued his drinking that day until he eventually got the nerve to enter the Seafirst Bank in Bellevue, Washington where he pointed the gun at the tellers, demanded money, and threatened to shoot anyone who looked at him. Charles fled with some money but the tellers tripped the alarm and he was arrested a short time later. Prosecuted by state authorities for the bank robbery, Charles pled guilty and was sentenced to 101 months in state prison. The U.S. Attorney then filed subsequent federal charges for possession of firearm by an ex-felon. For a defendant with Charles record, this charge carried a statutory mandatory fifteen year sentence under the Armed Career Criminal Act.5 Before sentencing, Charles sent Judge Coughenour a long, typed letter laying out the facts of his life. He also expressed how sorry he felt towards the victims of his crimes, writing that, I have seen on TV where people like me have been able to actually meet their victims and tell them in person that they are sorry. I dream sometimes about being able to do that. If it would help them and make them fell better and help them heal, it would mean a lot to me. 6 He also dwelled on the costs of his failure to his wife and her children. He assured the judge that whenever I do get to go back home, I will return to being a good, normal citizen. I will never commit another crime again of any kind. I own it to my wife and family, I owe it to myself and I owe it to society for allowing me to return and be a part of it..... My wife, my family, my church, and all the lessons I have learned over time will be my strengths. I am only sad that it has taken me so much pain and sorrow to reach the state of mind I now maintain. I am not so sad for myself, but for the victims, including my family, that I have caused to suffer pain and sorrow. 7 At sentencing, Judge Coughenour imposed the required fifteen year term. He addressed Charles directly and told him that, not only did I read your letter I ve been in the business for about 14 years. I have never taken one of those letters home to my family before. I took yours home and told my sons they should read it. I m not easily moved, but I was moved by your letter. It s not only a tragic story, but it was particularly well-written. Its obvious to me you have a lot of talents and that there are good reasons why people are sticking by you. I wish that I had more discretion than I have here today, but, you know, you re still relatively young and you ll be able to get even this behind you at some point. 8 Judge Coughenour concluded the proceedings by telling Charles that he had sent a copy of your letter to a friend of mine who is a United States Senator, with whom I ve had a lot of discussions about mandatory sentences and the like, and I didn t tell him what... I had to 5 Where a state sentence arises out of the same conduct as the federal charge, the Guideline s usually call for the federal sentence to run concurrent with the state sentence. The government and Judge Coughenour agreed that was the appropriate result in this case. Thus, Charles will serve fifteen years total, with his state sentence expiring before his federal sentence is complete. 6 Undated letter from Charles Niebuhr to Judge Coughenour at 7 (on file with author). 7 8 Id. at 8. Sent. Tr. I at 4.
4 impose in the way of a sentence here, but I m going to have a discussion with him about what he would do in this case and then tell him what I had to do as a result of the statutes that members of Congress have imposed upon the courts. Maybe some small amount of good will come out of your story. 9 Wayne D. Fletcher Charge: Armed Bank Robbery; Bank Robbery. Sentence: 120 months. Projected Release Date: January 14, At age forty two, with no previous criminal history, Wayne Fletcher committed two armed bank robberies in six days.10 In an effort to understand how Wayne s life arrived at this desperate and destructive place, defense counsel and the probation officer conducted a searching inquiry into his life. Wayne, the oldest of four children, was raised by his parents in Everett, Washington. He left high school early (although he later obtained a GED) and worked as a plumber s apprentice. He then joined the Marine Corp and served for three years. After an honorable discharge, he returned to Washington and married in He, his wife, and their three children lived on Whidbey Island for many years where their lives revolved around work, family and their church. Sometime in the late 1990s, Wayne and his wife began to have marital problems that centered first on financial difficulties. This situation was exacerbated by a car accident in 1997 that left Wayne with severe pain and also limited his employment opportunities. He turned to gambling in an effort to find a quick financial fix, and when that failed, to drinking. In that period, he and his wife separated and he became distraught over his wife s infidelity. On April 7, 1999, Wayne robbed the Frontier Bank in Lake Stevens Washington. He wore a mask and pointed a black handgun at the teller. He pulled the dye packs from the money the tellers gave him and fled with just over $8,000. On April 13, 1999, he robbed the City Bank in North Creek, Washington. Although he did not brandish a gun at the teller during that robbery, a witness in the bank saw him pull a gun from his bag while the teller was giving him the money. Wayne was followed from the bank and he was stopped by the police without incident. He freely admitted his guilt for the robbery that day and the other one six days earlier. Both the money from the second robbery and the gun were recovered in the pickup he was driving. Wayne waived indictment and pled guilty to one count of bank robbery, one count of armed bank robbery, and one count of using a firearm during the commission of a crime of violence.11 Based on these charges, and with a reduction for acceptance of responsibility, 9 Sent. Tr. I at The government alleged that Fletcher was suspected of up to six other bank robberies but never charged him with these offenses and the Court did not take them into consideration at sentencing. 11
5 Wayne was looking at a guideline range of months and a consecutive seven year sentence for the gun count. However, at sentencing Wayne s attorney, supported by a psychiatric report, requested a downward departure for diminished capacity. The psychiatrist concluded that at the time of these offenses, Wayne was suffering from major depression which impaired his judgment, reasoning ability, and capacity to manage his life. The psychiatrist stated that Wayne s behavior in this period, including the bank robberies, was essentially fatalistic and suicidal. 12 At sentencing, the judge first addressed the prosecutor and said,... please forgive me if I lapse into a consideration of what might be just in this situation as opposed to how the guidelines tell me I should sentence, and bear with me if this is an exercise that we ve become unfamiliar with under the guidelines, but I would like to talk about what justice requires. 13 He noted (and the prosecutor agreed) that the required sentence would have been considered quite heavy in the pre-guidelines era. On one hand, the judge recognized that Wayne s conduct first of all is extremely serious and that but for very good law enforcement work, somebody might have gotten hurt before it was brought to an end. 14 On the other hand, Judge Coughenour was also very persuaded that there was nothing in the background of this man that I see ordinarily in crime like this. I have seldom seen such a collection of strong support from family and friends, impressing upon me that this man lived a very responsible life up to a point in time. And I guess the real problem I have is where does justice lie in this situation..... I am persuaded that the explanation for this conduct is not the ordinary explanation that we see in criminal cases. There is something else at work here, and I m satisfied that it is a mental condition and that it is aberrant behavior and that it does justify a downward departure.15 On these grounds, he departed downward five levels, resulting in a 36 month sentence on the bank robbery counts. With the 84 months required by the consecutive mandatory minimum on the gun count, his total sentence became 120 months. As part of the plea and because Wayne did not display or refer to the gun during the second robbery, that crime was charged as simple bank robbery. However, his mere possession of the gun during the offense was sufficient for a second, consecutive mandatory minimum gun count under 924(c). 12 May 5, 1999 letter from Dr. Wayne Berberich to Brian Tsuchida, Federal Public Defender at 5 (on file with author). The psychiatrist was sufficiently concerned about his mental health that he suggested Wayne be placed in a psychiatric unit, at least for an initial period upon his incarceration. In a one page letter to the judge before sentencing, Wayne stated, I don t know why I committed these robberies and I m having a hard time dealing with what I did. I m sorry to everyone that has been hurt by my actions. July 2, 1999 written statement by Charles Niebuhr (Letter on file with author). 13 Sent. Tr. II at Sent. Tr. II at Sent. Tr. II at 11.
6 While Wayne was fortunate that the judge granted a significant downward departure that reduced his Guideline sentence by 21 months, the impact of the judge s downward departure on the final sentence was dwarfed by the prosecutor s decision to forgo an indictment and allow an early plea. If he had been indicted, Wayne would have faced an additional, consecutive twenty five year mandatory minimum for a second count of carrying a firearm during a crime of violence.16 Thus, instead of ten years, Wayne would be serving a minimum thirty five year sentence. The judge recognized this at sentencing -- I recognize that in the way this was charged and the way the case was negotiated between counsel has at least eliminated the potential for an obscene sentence under the statutes that have been enacted by Congress and could have seen Mr. Fletcher spend the rest of his natural life in prison. 17 Wayne understands that he received favorable treatment from the U.S. Attorney s Office, and thus my sentence is not what would be considered extremely high, [but] ten years does in fact take a long time to pass In 1998, Congress increased the penalty for a second 924(c) conviction from twenty to twenty five years. See 112 Stat (1998). 17 Sent. Tr. II at 10. The judge added that, in fact, I had a very similar case to Mr. Fletcher s a few years ago where, if you added up all the mandatory consecutive sentences as a result of the use of a weapon in a series of bank robberies, the man would have gone away for 125 years because of the way the case was charged. Id. 18 Undated letter to the author at 1 (on file with author).
RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting
Juvenile Court Mock Trial CAST: One of the Judges of the juvenile court will preside. Defense Attorney: Attorney court tour guide. Prosecutor: Attorney court tour guide. A student selected by the teacher.
ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
James C. Fox Eastern District of North Carolina As you know, the United States Attorney decides the sentence for criminal defendants these days by the selection of the charge. The Court is substantially
Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding
BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html
Facts for Federal Criminal Defendants FACTS FOR FEDERAL CRIMINAL DEFENDANTS I. INTRODUCTION The following is a short summary of what will happen to you if you are charged in a federal criminal case. This
a threat made in school ADAM S BACKGROUND LEADING UP TO THE CRIME Adam, 15, is the youngest of four children. His parents are divorced. He lives with his mother, has regular contact with his father, and
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 15a0821n.06 No. 15-3121 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SHELDON W. HILL, Defendant-Appellant.
United States Court of Appeals For the Eighth Circuit No. 14-3137 United States of America lllllllllllllllllllll Plaintiff - Appellee v. Lacresia Joy White lllllllllllllllllllll Defendant - Appellant Appeal
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed
Criminal Justice 101 The Criminal Justice System in Colorado and the Impact on Individuals with Mental Illness April 2009 Acronyms DOC = Department of Corrections DYC = Division of Youth Corrections DCJ
31 - felony sentencings Felony Sentencing Guidelines By 46 th Circuit Court Judge Janet M. Allen Adults convicted of felony crimes are sentenced by a judge to one of two primary types of sentences. The
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed
Free Legal Consumer Guide Series Brought To You By Meeting All Your Legal Needs For 50 Years 2 How To Handle A Traffic Ticket HOW TO USE THIS GUIDE If you read this guide, you will discover what you need
HOW A TYPICAL CRIMINAL CASE IS PROSECUTED IN ALASKA The Office of Victims Rights receives many inquiries from victims about how a criminal case in Alaska is investigated by police and then prosecuted by
THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never
DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal
General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance
Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility
A Federal Criminal Case Timeline The following timeline is a very broad overview of the progress of a federal felony case. Many variables can change the speed or course of the case, including settlement
IMMIGRANTS & PLEAS IN PROBLEM-SOLVING COURTS: A GUIDE FOR NONCITIZEN DEFENDANTS & THEIR ADVOCATES Prepared by the New York State Defenders Association Immigrant Defense Project Last Updated August 2007
KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the
Handling a Crime Committed by Someone You Know In This Article Friends and family members, not just strangers, are potential identity thieves Victims may feel pressure not to report the crime Dealing with
DRUG COURT PLEA PACKET To be completed and submitted by the Defense Attorney. Attorney s Instructions are as follows: 1. This packet includes the following forms: Intent to Plea; Application; Plea Bargain
If You Have Been Charged with a Crime in Florida, Familiarizing Yourself with Your Charges and the Potential Penalties If You are Convicted is the First Step to Making Yourself More Informed, Empowered
Community Legal Information Association of Prince Edward Island, Inc. Sentencing This pamphlet gives you some information about sentencing in criminal court. If you are charged with a criminal offence,
DOMESTIC VIOLENCE PENALTIES UNDER COLORADO LAW Fact/Discussion Sheet If you are convicted of a domestic violence charge, the penalties can be onerous. The following penalties assume a misdemeanor conviction.
Orders of Protection Hotline: (212) 343-1122 www.liftonline.org This guide answers questions that you may have if an order of protection has been filed against you in Criminal Court or Family Court. The
From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed
FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,
Model Lesson Plan: Criminal Law February 12, 2001 David Westbrook Criminal Law Lesson #3: Theories of Crime and Punishment Justifications for Punishment and Plea Bargaining/Negotiation Exercise I. Time:
Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2003-KA-01700-COA TOMMY BANKS A/K/A TOMMY EARL BANKS (HARRY) APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/27/2003 TRIAL
If You have Been Arrested Don t Do Anything Until You Read My Special Report! If you have been arrested by the police for a criminal offense, you re probably confused or worried about what steps to take
David Crum, Esq. Managing Partner New Mexico Legal Group, P.C. ABOUT THE AUTHOR David Crum, Esq. David Crum is the Managing Partner of New Mexico Legal Group, P.C., an Albuquerque-based criminal defense
2014 ANNUAL REPORT DISTRICT ATTORNEY WASHINGTON COUNTY 2014 Annual Report presented in April 2015 FUNCTIONS AND RESPONSIBILITIES The primary function of the Office of the District Attorney is to prosecute
Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone
IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE THE CITY OF SEATTLE, PLAINTIFF vs, DEFENDANT Statement of Defendant on Plea of Guilty Case # 1. My true name is. 2. My age is. Date of Birth. 3. I went through
The HIDDEN COST Of Proving Your Innocence Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year, or about 6,850 times per day. This means that each
U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew s Plaza New York, New York 10007 By Hand Michael Pancer, Esq. 105 West F Street
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
Page 1 Copyright (c) 1995 National Association of Criminal Defense Lawyers, Inc. The Champion January/February, 1995 19 Champion 45 LEGISLATION: THE VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994:
Appendix F MANDATORY MINIMUM REPORT FIELD INTERVIEW PROTOCOL FOR U.S. ATTORNEY REPRESENTATIVE Introductory Statement Hello, we are from the U.S. Sentencing Commission and are visiting your office today
INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way
ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce
ATTORNEYS Sexual Assault of a Child VOIR DIRE QUESTIONS 1. What are your feelings or opinions about criminal defense attorneys? 2. Have you ever had a bad experience with a criminal defense attorney? If
Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled
IAC 7/2/08 Parole Board Ch 11, p.1 CHAPTER 11 PAROLE REVOCATION [Prior to 2/22/89, Parole, Board of Ch 7] 205 11.1(906) Voluntary termination of parole. Any voluntary termination of parole should
C O H E N, T O D D, K I T E & S T A N F O R D, L L C John L. O Shea Member Direct: (513) 333-5227 Mobile: (513) 300-4012 Email: email@example.com visit superlawyers.com Top 50 Cincinnati Super Lawyer 2012,
CHALLENGING CRIMINAL HISTORY CALCULATIONS I. Challenging Predicates for Career Offender! The Basic Rule for Career Offender 4B1.1 A defendant is a career offender if: 1. The defendant is at least 18 years
Overview of Federal Criminal Cases Fiscal Year 2012 Glenn R. Schmitt Jennifer Dukes Office of Research and Data The United States Sentencing Commission 1 received information on 84,360 federal criminal
TREATMENT COURTS IN NEBRASKA ALTERNATIVES TO INCARCERATION If you are currently facing charges in Nebraska, or have a loved one who is, it is in your best interest to consult with an experienced Nebraska
What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power
Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR
MANDATORY MINIMUMS AND DRUG LAW MATERIALS. 1) Enough lesson handouts for each student (end of lesson).. 2) Re- useable white board and markers if you want them TAKEAWAYS Students will understand mandatory
010 CRIMINAL CODE SENTENCING PROVISIONS Effective July 9, 010-0- GENERAL CRIMES SENTENCING RANGES Class NON-DANGEROUS OFFENSES ( 13-70) First Offense ( 13-70(D)) MIT* MIN P MAX AGG* 3 4 5 10 1.5 3.5 3.5
Subchapter 6.600 Criminal Procedure in District Court Rule 6.610 Criminal Procedure Generally (A) Precedence. Criminal cases have precedence over civil actions. (B) Pretrial. The court, on its own initiative
JUVENILE COMPETENCY HANDBOOK The judge has placed you in the restoration process for mental competency. It is very important that you meet with your restoration specialist and see the doctor when you are
OFFICE OF THE WARREN COUNTY DISTRICT ATTORNEY WARREN COUNTY COURT HOUSE 204 Fourth Avenue WARREN, PENNSYLVANIA 16365 Phone 814-728-3460 FAX 814-728-3483 ACCELERATED REHABILITATIVE DISPOSITION APPLICATION
Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves
First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 1-01.01 Richard Sweetman x HOUSE BILL 1- Waller, HOUSE SPONSORSHIP (None), SENATE SPONSORSHIP House Committees Judiciary
Memo from District Attorney Andrew Murray on Impacts Related to Reductions or Elimination of City funded services to the District Attorney s Office and Court System At the May 13, 2015 Budget Adjustments
INFORMATION FOR FEDERAL CRIMINAL DEFENDANTS TABLE OF CONTENTS INTRODUCTION............................................................................ 1 SILENCE...................................................................................
Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers
Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street
ARTICLE 1.1. GENERAL PROVISIONS Rule 1. Parole Board 220 IAC 1.1-1-1 Parole board membership (Repealed) Sec. 1. (Repealed by Parole Board; filed Jun 15, 1987, 2:45 pm: 10 IR 2496) 220 IAC 1.1-1-2 Definitions
Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations
GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes
SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE Felony and Misdemeanor Bail Schedule Approved by the Judges of the Riverside County Superior Court December 27, 2012 Effective Date: January 2, 2013 SUPERIOR
Judicial Candidate Questionnaire Name _Pennie M. Thrower Party Affiliation R Incumbent N 1. Why do you want to be judge? Because it s my responsibility as a lawyer to improve our legal system, and it s
State of Minnesota County of Hennepin District Court Fourth Judicial District CCT LIST CHARGE STATUTE ONLY MOC GOC 1 609.19 H2313 X 2 609.19 H2313 A 3 609.222 A2223 X 4 609.19 H2313 A 5 609.222 A2423 X
Chapter 4 Legal Ethics Yes. You read that right legal ethics. Har de har. Go ahead. Get it out of your system. How about this one? Why do scientists prefer using lawyers over lab rats? There are some things
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with a crime involving possession of a controlled substance and/or possession of drug paraphernalia, you may be eligible to participate
YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific
Your consent to our cookies if you continue to use this website.