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Sentencing Advocacy

Very often, a person charged with a Federal offense has no idea what he or she faces at sentencing. Unfortunately, many attorneys who claim to be experienced in federal criminal defense also have no idea what their client faces as a likely sentence. In many cases, this happens because the attorney did not take the time to thoroughly investigate a client's educational and employment background, personal history, medical history, family history, any prior criminal record, and the Federal Sentencing Guidelines to calculate the Total Offense Level and applicable Criminal History.

The result of this ignorance can be disastrous. Our appeals attorneys have represented many people who were wrongly advised or misadvised by a previous lawyer as to what their Federal sentencing exposure was. Based upon this bad legal advice, they made a decision to accept a plea bargain, or go to trial, only to be unpleasantly surprised by a sentence that they did not expect – one much more harsh and excessive than they anticipated.

Sentencing Advocacy

Federal Sentencing and Mitigation

The Federal Sentencing Guidelines are extremely complicated by themselves. They are made even more complicated because every day, Federal courts around the country interpret and apply the Guidelines differently to countless situations and cases. To make matters even more complex, the United States Supreme Court and Congress make new law on sentencing constantly. An attorney has to be aware of all of these updates in the law and use them to the client's advantage.

State Sentencing and Mitigation

Each State has its own unique sentencing scheme. Some States have a sentencing scheme similar to the Federal Sentencing Guidelines. Some have a very different system, requiring judges to determine mitigating factors, aggravating factors, and a wide variety of other factors.

Our Forensic Psychologist

Effective sentencing advocacy requires experts. Dr. Janoson brings over 30 years of experience to Halscott Megaro PA team as a licensed psychologist and forensic psychology expert. Dr. Janoson specializes in psychological assessment in support of sentencing advocacy. Dr. Janoson is a recognized expert in the use of objective psychological assessment tools to arrive at conclusions regarding the mental limitations, diseases and defects of Halscott Megaro PA defendants and clients. These assessments provide highly credible and objective assessment for the Court.
The Information presented at this site should not be construed as formal legal advice, nor the formation of an attorney-client relationship.
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