Federal Criminal Defense Lawyer in Jefferson City
Criminal charges filed in the United States District Courts (federal courts) are some of the most serious criminal offenses which exist. The United States Attorney’s Office utilizes resources unavailable to the local prosecutors, including highly trained investigators within federal agencies such as the Drug Enforcement Agency (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Federal Bureau of Investigation (FBI), U.S. Immigration Customs and Enforcement (ICE), and the U.S. Postal Service.
The above agencies utilize any number of resources in criminal investigations, including wiretaps of telephones, confidential informants, and seizures of bank records. Federal sentencing guidelines provide significant punishment involving incarceration. Many crimes which can be filed in state courts can also be filed in federal courts, but the punishments are far in excess of what a person may expect.
Sentencing and punishment is determined in the United States District Court (also known as federal court) by application of the United States Sentencing Guidelines. The guidelines are calculated by determining the total offense level and a defendant’s criminal history. The process to make this determination is complicated even for most attorneys who do not regularly practice criminal law in United States District Court. There are a numbering of factors that are considered in calculating the total offense level for most types of cases. These factors, properly calculated, can reduce a criminal defendant’s sentence by a number of years whereas improperly calculated guidelines may result in an additional number of years imprisonment.
How are Federal Sentencing Guidelines Calculated?
For Scott’s clients, the analysis of the federal sentencing guidelines initially begins with Scott meeting with his client, investigating the case, reviewing the evidence in the possession of the United States Attorney’s Office and preparing an initial calculation. The more official process begins with meeting with a probation officer who will prepare a presentence investigation report for submission to the court. Often times, it seems as if the presentence report is calculated favoring the position of the United States Attorney’s Office for which a more detailed analysis is required to research and refute the conclusions of the PSR writer. The federal criminal defense lawyer prepares his response to the PSR on behalf of his client. Ultimately, the PSR and the defense lawyer’s responses are submitted to the judge and arguments are made at the sentencing hearing.
The Sentencing Guidelines Are Not Mandatory
The United States Sentencing Guidelines are no longer mandatory and are now advisory in nature. This means that while the federal judges must still calculate a sentencing guideline before imposing a sentence, the judges may depart either above or below the sentencing guideline range. As a federal criminal defense lawyer, Scott has successfully argued several cases in which he was able to argue for sentence reduction by more than fifty percent (50%) of the initial guideline range and in certain cases, obtained sentences for probation or credit for time served.
Scott Hamblin is a “Top 100 Trial Lawyer”
Federal criminal defense attorney Scott Hamblin will take the time to fully explain how the federal criminal “system” works, including criminal procedure, details of the criminal laws relevant to your case, and a realistic idea of what you should expect in your criminal case. He has a reputation for excellence, thorough preparation and innovation. He represents clients located in Jefferson City and throughout the surrounding Missouri communities.
Relatively few criminal lawyers have experience representing individuals in United States District Court. Even fewer criminal lawyers have jury trial experience in federal court. Scott Hamblin regularly appears in United States District Court.
Contact Scott’s law office today at 573-821-4013. Whether you are facing white collar crime charges or other federal criminal charges, he can be your federal criminal defense lawyer. At Scott’s office, you can expect a courteous and knowledgeable staff, access to experienced attorneys and fair billing.