Sentence Set Aside When Federal Judge Makes Mistake.

In sentencing in federal court, judges have discretion to consider many witnesses as long as they are reliable and credible, usually because the witness is subject to cross examination.  When such a witness is never cross-examined, a judge must be very careful about deeming the witness persuasive in a any significant way.  In the following summary of a reported decision, read how a judge went a little too far in considering such testimony.

http://www.greghillassociates.com/lawyer-attorney-2098376.html.

The Right to Show Victim’s Prior False Sex Assault Claims.

In many sex offense cases, it is “he said, she said.”  When this is the situation, our client often claims that the alleged victim is well-known for lying to get attention.  What if the alleged victim has even made demonstrably false sex assault claims in the past?  Is evidence of such a prior false claim always admissible to attack the alleged victim’s credibility?  Not always.  To read why, click on the following link.

http://www.greghillassociates.com/lawyer-attorney-2100104.html.

Resentencing 3 Strike Sentence Has Documentary Challenges.

When Prop 36 became law in 2014 (not the Prop 36 related to drug offenses) and allowed resentencing of those serving a sentence on a third strike, critics predicted that many of those who were eligible would not care to seek resentencing for a shorter sentence.  This sadly turned out to be true.  Of those that did seek lower sentences, the paperwork that might permit such a resentencing was often lost or destroyed.  To read more about his issue, click on the following link.

http://www.greghillassociates.com/lawyer-attorney-2099494.html.

Sentence Set Aside When Federal Judge Makes Mistake

In sentencing in federal court, judges have discretion to consider many witnesses as long as they are reliable and credible, usually because the witness is subject to cross examination.  When such a witness is never cross-examined, a judge must be very careful about deeming the witness persuasive in a any significant way.  In the following summary of a reported decision, read how a judge went a little too far in considering such testimony.

http://www.greghillassociates.com/lawyer-attorney-2098376.html.

Judge Makes Mistake in Letting Jury Hear Drug Cartel Evidence

If the prosecutor has not proven commission of a crime by defendant, it obviously would be quite prejudicial for a judge to allow the jury hear evidence about defendant’s alleged membership in a group like a drug cartel if he or she is accused of selling or transporting drugs.  After all, a drug cartel is commonly understood to be in the business of selling and transporting drugs, so guilt by association certainly seems to be the theme.  Read a summary of a federal case where such drug cartel evidence was admitted into evidence and how an appellate court rebuked this judge.

http://www.greghillassociates.com/lawyer-attorney-2097413.html.

Conviction Upheld for Possession of a Disassembled AK-47 Assault Weapon.

Can one be convicted of illegal possession of an assault weapon if the weapon is not fully assembled?  This rhetorical question naturally elicits an answer of “it matters probably which parts are assembled or how quickly the gun can be fully assembed.”  This is certainly true, but at what stage of assembly is possession of such parts a crime?  To read about a published ruling wherein a conviction for possession of an assault rifle was affirmed, even though the weapon was partially assembled, click on the following link.

http://www.greghillassociates.com/lawyer-attorney-2096297.html.

Enhanced Sentence Upheld on Appeal for Sex Crime Defendant Who Already Was a Penal Code § 290 Registrant

In the context of sex crimes, courts recognize the unique recidivism potential, as one’s libido is biological and psychological in origin.  Yet for those who have been convicted of sex crimes, expression of this libido has been done in an illegal manner.  The potential to reoffend often lies dormant for many years.  Therefore, enhanced sentences are more easily justified, if not mandated.  To read more about such enhanced sentences in sex cases, click on the following link.

http://www.greghillassociates.com/lawyer-attorney-2095737.html,

Second-Time DUI Offender’s Prison Sentence Upheld on Appeal

Can someone go to prison on a second time DUI with no injuries to anyone?  How could this happen?  The astute reader will know this is possible when someone has a certain prior criminal history that may impose prison time if a subsequent offense is committed.  To read about when this applies on what many people incorrectly consider a mere traffic offense, click on the following link.

http://www.greghillassociates.com/lawyer-attorney-2095196.html.

Conviction for Accessory to Shoplifting and Burglary Has Lessons for Those Defending Such Charges

Defending someone accused of being an accessory to any crime necessarily involves derivative liability, so extra care is needed to help defeat the underlying charge of the principal without causing more liability to the client.  At the same time, one does want to distance the client from the principal at all costs.  When shoplifting is the underlying offense, accessory liability can be quite broad, as the following case exemplifies.  Click on the following link to read about this issue.

http://www.greghillassociates.com/lawyer-attorney-2094117.html.

Restitution Order in Federal Court Improper When Calling for Immediate Payment

While the burden of proof for proving damages in a criminal case for a restitution award are low in comparison to most other burdens of proof required in criminal courts, there are many rules related to orders for restitution payment.  Can a judge order immediate payment?  What if the amount is very low or the underlying crime is quite heinous?  Click on the following article to read answers to these questions.

http://www.greghillassociates.com/lawyer-attorney-2094111.html.