Criminal Law Blog
Will You Be Detained Before Trial? Federal Pretrial Detention Rates by District
How often does a federal court detain a defendant before trial, and how much does it vary from one district to the next? This tool maps the measured pretrial detention rate for all 93 U.S. district courts, estimates how the charge and prior record shift the odds, and lays out the factors a judge weighs…
Can You Get a Bond on Federal Charges?
Yes, you can usually be released on federal charges, but federal bail does not work the way Texas state bail does. There is no bail bondsman, there is no posted bail schedule, and there is no quick cash payment at the jail window. Instead, a federal magistrate judge decides whether you are released or held…
Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases (Drug Conspiracy)
Federal sentencing in a conspiracy to distribute controlled substances case is driven by three things: the type and amount of drugs involved, the defendant’s criminal history, and the role the defendant played in the offense. The sentence itself comes from an intersection of the Controlled Substances Act’s statutory penalties and the Federal Sentencing Guidelines, which…
Mandatory Minimum Penalties in Federal Sentencing
To see how often cases like yours resolve by plea or trial, and the median sentences by district and charge, use our plea deal versus trial calculator. Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse…
Federal Investigations: Target Letter
Weighing a plea against trial? Our plea deal versus trial calculator shows the plea, trial, and acquittal rates and median sentences by federal district and charge. Target Letter and Invitations to Testify before a Grand Jury Can be a Red Flag You Need a Criminal Defense Lawyer Federal agencies along with the prosecutors at the…
Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law
For how a plea and a trial compare on real outcomes, by district and charge, see our plea deal versus trial calculator. Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense. Here’s how that works. What is a crime…
Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview
In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.” This involves attorneys representing both the…
Punishing Defendants for Exercising Their Right to Trial
Criminal defense attorneys practicing here in Texas, both in state and federal court, know all too well that it is a common practice for the government to punish defendants for exercising their rights – especially their right to a trial. This is true despite the clear constitutional right to trial found in the Sixth Amendment…
Federal Sentencing Guidelines Explained: How They Determine Prison Time
Understanding how federal sentencing guidelines work can mean the difference between years in prison or a reduced sentence. If you’re facing federal criminal charges in Dallas or anywhere in Texas, knowing how these guidelines affect your case is critical to building a strong defense strategy. For how these guidelines translate into real outcomes, our plea…
5K1.1 Motions and Substantial Assistance: Reducing a Federal Sentence by Cooperating
In the federal system, cooperation is the most common way a defendant earns a sentence below the advisory guideline range, and in some cases below a mandatory minimum. That reduction comes through a substantial assistance motion. The single most important thing to understand at the outset is this: the government controls the motion. A federal…
