By Mani Dabiri | Published December 31, 2018 | Posted in Federal and State Criminal Defense, Government Subpoenas and Investigations, Post-Conviction Defense and Appeals, White-Collar and Regulatory Defense | Tagged Tags: BOP, bureauofprisons, compassionaterelease, departmentofjustice, DOJ, dueprocess, mandatoryminimums, punishment, rehabilitation, sentencingalternatives, warondrugs |
The Federal First Step Act of 2018
Here’s more meat on the bones of the new sentencing law from last week. Earning credit toward early release. You can earn 10-15 days of credit for every thirty that you participate in certain programs. These may include work programs, academic classes, vocational training, trauma counseling, substance-abuse treatment, faith-based services, and family-building and parenting. The credits Read More
Read MoreOn the Friday Before Christmas …
When all through the House, not a creature was stirring, not even a mouse: Congress enacted a major change to federal sentencing law. It’s called the First Step Act, and you may have heard about it. Here’s a press release on it from the National Association of Criminal Defense Lawyers. What does it do? About ten things. Read More
Read MoreReasonable Minds Can Differ
But they will usually find more to agree on. Case in point: this short interview with the junior U.S. senator from Utah. He’s considered one of the more conservative members of Congress, but he’s also part of a bipartisan group that’s pushing to reform our criminal justice system. As a former federal prosecutor, he’s asked how he feels about the justice Read More
Read MoreThe Mercy Project
Life is fragile. We sometimes forget that, but we remember quickly when we lose something or someone important to us. We often forget it because, in the developed world, we tend to live longer and better than people ever have. We forget that, even in our own country, not everyone lives (and has lived) as we do. Last Friday, President Obama granted Read More
Read MoreChild-Pornography Possession in State and Federal Court
Among the common offenses for which people must register as sex offenders is possession of child pornography. Under California law, possession of child pornography is a felony, though it may be punished by imprisonment either in the county jail for up to one year or in state prison for 16 months, two years, or three years. Pen. Code § 311.11(a). If you possess Read More
Read MoreWhy We Defend Child Molesters
Here’s one reason. Last week, a federal court of appeals reversed the conviction of an 18-year-old boy who had confessed to molesting another 8-year-old boy. That may sound like an open-and-shut case of a predator or monster we should throw the book at, but hold on. The older boy had an IQ of 65, and the court reversed his conviction because it held that his so-called confession was Read More
Read MoreThe Times May Be a-Changin’, and It’s a Good Thing
Last week, the chair of the United States Sentencing Commission delivered an important speech that brought conservatives, liberals, and others together under the banner of sentencing reform. The speech was entitled, “A Generational Shift for Drug Sentences,” and it was delivered by the Hon. Patti Saris, who is a federal district judge for the District of Massachusetts. Judge Saris currently serves as the chief judge of Read More
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