ONCE ARRESTED
Every individual who has been charged with a crime is entitled to a reasonable bond. What is considered reasonable depends upon the type of crime committed, whether you are a flight risk, and whether you are a danger to the community.
Nobody wants to sit in jail for months or years before the government decides to call his case. We understand that individuals who have been charged with crimes still have family obligations and need to be released on bond in order to effectively assist in preparing for trial.
Bond hearings are often held within hours of an individual’s arrest. At the hearing, judges will evaluate whether the individual is a danger to the community or a flight risk. If an individual is charged with a crime that carries a possible punishment of life imprisonment, a bond hearing must be held before the Court of General Sessions.
FEDERAL SENTENCING SYSTEM
The United States Federal Sentencing Guidelinesare regulations that set out a consistent sentencing policy for individuals and organizations convicted of felonies and serious Class A misdemeanorsin the federal courts system. The guidelines do not apply to less serious misdemeanors.
Under the guidelines, the severity of the offense and the extent of your criminal history will largely dictate the sentence you receive. In some cases, your criminal history alone may be the key factor. Federal law mandates severe sentences for persons with certain types of prior convictions. As you can see, your criminal record may play a significant role in your decision to plead guilty or go to trial.
Your sentence also will depend, in part, on whether your decision was to plead guilty or go to trial. The decision to plead guilty or go to trial is a critical decision in your case. You must discuss the application of the guidelines with your attorney to ensure that your decision is fully informed.
FEDERAL SENTENCING IN SC
The court will schedule a sentencing hearing if you have been found guilty. Prior to the hearing, the court will order that a Presentence Investigation Report be prepared by the U.S. Probation Office. Sentencing guidelines, which are law, will be used to determine your sentence.
WHAT IS A PRE-SENTENCE REPORT?
Your attorney will get a copy of the pre sentence report investigation or PSR, and you will have an opportunity to review it for accuracy before you are sentenced. You may want to speak to the judge at your sentencing hearing. If so, you should discuss that with your attorney well before the sentencing hearing. Do not wait until the day of the sentencing to make this important decision.
If you enter a guilty plea in your criminal case, or if you are convicted by a jury, a U.S. Probation Agent will be assigned to your case to create pre-sentence report investigation
This report will be used by you, your federal criminal attorney, the United States Attorney’s Office and the Judge to look at the facts of your case, your personal history and financial condition, and your Sentencing Guideline Range. You should review this report carefully and look for errors legally or factually that may be present and discuss this document with your lawyer in great detail.
ONCE THE CASE GOES TO TRIAL
How Long Will I Wait Before My Jury Trial?
The law provides that, unless exceptions are granted by the court, you will be tried no earlier than 30 days or later than 70 days after your first federal court appearance. Actually, however, there are many things that can extend the 70-day speedy trial limit. Remember that your attorney has criminal defense expertise. Your criminal defense involves strategic and well planned decisions regarding how and when issues should be presented. Your attorney will keep you informed of the reasons for certain decisions.
If you need legal advice, we recommend that you seek the advice of a licensed attorney. If you have any questions about this blog and/or need to talk with an attorney, contact us today for a free, no cost consultation to discuss your legal rights. At Strom Law Firm, LLC, our attorneys provide comprehensive legal services designed to protect your rights and your interests. Our lawyers are licensed in South Carolina, New York, and Georgia.
By: South Carolina Federal Defense Lawyer Pete Strom
