Sentencing

Being Found Guilty After Pleading Guilty

December 8, 2011 Criminal Procedure

If you plead guilty, there is a 100% chance that you will be found guilty. Or something like that. I read that on the Internet a few weeks ago and, while I can’t remember who said it for attribution, I had the opportunity to use this clever little phrase just the other day. It is [...]

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On Compensating A Wrongfully Detained Defendant

August 27, 2011 Criminal Procedure

“My client had been held on no bond in the county jail for 25 months. Never once bitched about being in there or tried to rush me.” So says Chicago criminal defense lawyer Marcus Schantz on Twitter. A defendant is given credit for the time he spends in custody awaiting trial for the offense that [...]

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On the Defendant’s Acceptance of Responsibility at Sentencing

April 15, 2011 Criminal Procedure

Earlier this week, I caught the tail-end of a DWI trial in which Michael Bruckheim was representing the defendant. Bruckheim had attended portions of my last DWI trial in D.C., and I decided to repay the favor. I wanted to see him cross examine the same police officer who had testified in my case. And, [...]

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