What does the judge consider when imposing a Federal Sentence?

What does the judge consider when imposing a Federal Sentence?

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The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity.  “Relevant conduct” is any conduct that has a common scheme or plan, including charges that were dismissed as part of a plea agreement.  For this reason, plea agreements are often less beneficial than they first seem.  The government still has to prove that you actually committed the crime dismissed in a prior plea agreement.

The sentencing judge must consider all “relevant conduct” for certain offenses, mostly drug, theft, and fraud offenses where the “offense level” is based on quantity.  “Relevant conduct” is any conduct that has a common scheme or plan, including charges for which you were “not guilty.”

When a jury finds you “not guilty,” they have only determined that the prosecution has not met its burden of proving you guilty of all elements of the crime beyond a reasonable doubt.  The jury has not made the determination that you did not commit the crime.  In a subsequent case a sentencing judge need only determine whether it is more likely than not that you engaged in the conduct previously charged against you.

Since it seems terribly unfair and is disrespectful of a jury’s verdict, some judges in some cases refuse to consider charges for which a person was found not guilty.



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         If you are being investigated or charged with a Federal or State criminal offense, you need to seek the advice of Edward J. Chandler, Esq., an experienced Florida Federal and State criminal defense attorney since 1991! Right now, you may be filled with fear, confusion, embarrassment, and anger. You probably have a thousand questions and want to know your rights and how to proceed. With your future as stake, you need to think smart and speak with an experienced Florida criminal defense lawyer as soon as possible.

       Since a criminal conviction may affect your future, your reputation and your chances of getting a job, it is critical that you seek out an experienced Florida criminal defense attorney such as Edward J, Chandler, as soon as you are being investigated or charged with a Federal or State criminal offense. The right Florida criminal defense lawyer can evaluate your case, determine legal strategies, and defend you in court, increasing your likelihood of staying out of jail and protecting your future.

       Given the complexity of criminal defense in Florida, it is important that you choose a Florida criminal defense lawyer that knows the Federal and State systems, and who combines experience with a track record, and who has a thorough understanding and familiarity with the law, the prosecutors and the local courts. If you have been accused of a crime, your time to get the right experienced Federal or State criminal defense attorney is limited. Regardless of whether you are innocent or guilty, you deserve aggressive, experienced legal representation.

           Violating the laws in Florida can result in harsh punishments, such as incarceration and fines. However, being charged with a Federal or State criminal offense does not have to devastate your entire life.  Edward J. Chandler, Esq, is here to ensure that you get your life back, your peace of mind and your freedom. "I employ an aggressive defense, often convincing the prosecution to reduce the charges against you or, in some cases, dismissing them. My sole priority is to achieve a resolution that you can live with."

        Attorney Edward J. Chandler has successfully represented numerous clients charged with criminal offenses throughout the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch. Armed with Federal and State legal knowledge and experience, he can build a winning defense. Edward J. Chandler, Esq. is accustomed to taking on the criminal justice system and achieving the best results for his clients. In addition to personally handling your case from investigation, arrest, bond hearing, arraignment, discovery and through jury trial, Edward J. Chandler, Esq. will be available to you during every step of the criminal procedure. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

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