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Clark County Drug Bust

Posted on December 15, 2016 in Federal Crimes in Northern KY

If you or someone you love was make sure to hire the best criminal defense attorney you can afford to defend their rights. In Cincinnati and Northern Kentucky, call Michael Bouldin.  Mike, together with his partner, Kristopher Nevels, have been defending in Ohio and Kentucky, including Federal Courts with well over 25 years of combined experience.

Local 12 has broken the story of the bust which included meth, cocaine, pot, pills and large cash seizure.  (see link).  Often a local attorney is helpful to navigate the system and at times an out of town attorney can come in and shake up the status quo without fear of offending local prosecutors and judges.

If you need an attorney, call the Bouldin Law Firm at 859-581-6453 or email us at mike@bouldinlawfirm.com.  Call 859-581-MIKE today.

 

What is Difference Between Federal and State Crimes?

Posted on February 15, 2016 in Federal Crimes in Northern KY General Criminal Law Issues - Northern KY

Whether you are charged under a federal crime or state crime often depends on the type of charge or may depend on the agency investigating/charging.

In general, if a city, county or state police investigates and makes the charge or arrest, you will likely be charged with a state crime.

State crimes often include: arson, forgery and possession of forged instruments, murder, receiving stolen property, drug possession and many drug trafficking, sex offenses, .  The large majority of misdemeanor arrests result in state crimes, for example: assault, all traffic and driving offenses, DUI, disorderly conduct, robbery (except bank), prostitution and theft.

If the FBI, DEA, ATF, Secret Service or other federal government agency investigates, you will likely be charged with a federal crime.

Federal crimes include: mail fraud, tax evasion, possession of federally prohibited firearms, counterfeiting, embezzlement, drug trafficking across state lines and generally with significant amounts, hijacking, bank robbery, immigration offenses, and distribution of child pornography across state lines or using internet.

If a DRUG STRIKE FORCE investigates or makes the arrest, you may be charged under local state law OR federal law.

The Northern Kentucky Drug Strike Force is comprised of both state and federal officers.  The charges generally depend on the amount of drugs involved, whether the case was a significant trafficker or a low level user and the amount of resources involved.  IF there are significant assets which may be seized, the chances increase of a federal charge.

Sentencing Depends on the Class of Felony and whether federal or state

Using the federal Guidelines Manual and Sentencing Table (PDF), a judge can see recommended sentences that take into account the felony class as well as the defendant’s criminal history. This allows for someone with no criminal history to get a lighter sentence than a career criminal for the identical crime, while still staying within the published guidelines.

States classify felonies in a manner similar to the federal system, although some states have more or fewer classes, and some use number rather than letter classifications. The sentence ranges for each class also vary by state.  In Kentucky, the class of crime determines the range of penalty.  For a class D Felony, the range is 1-5 years and a defendant may receive probation.*  This can be enhanced if the defendant is eligible as PFO for prior felonies.

Both state and federal crimes may subject a defendant to deportation if they are not a US citizen.  Advise your attorney of your immigration status (even if illegal) so that he can consider this factor if you are not a citizen.

If you or a loved one has been accused of a felony, contact an attorney.  For consultation regarding state or federal charges in Northern Kentucky, contact Michael Bouldin at mike@bouldinlawfirm.com or call 859-581-6453.

What Is a 5k Motion in Federal Court?

Posted on August 5, 2015 in Federal Crimes in Northern KY

One way for federal defendants to increase the likelihood that they will receive lower sentences or to have previously-imposed sentences reduced is by cooperating with the government. When a defendant “cooperates,” it means that he or she helps the government investigate or prosecute someone else. There are two ways that “cooperating” can result in a lower sentence. If a defendant cooperates before sentencing, the prosecutor can file a motion pursuant to § 5K1.1 of the United States Sentencing Guidelines (also known as a “5K” motion). If a defendant cooperates after sentencing, the prosecutor can file a Rule 35 motion. “Cooperating” does not guarantee that a prosecutor will file a § 5K1.1 or Rule 35 motion. Before a prosecutor will file a motion, the cooperation must amount to “substantial assistance.”

Many cases in federal court include cooperation of some type.  This may simply be an admission and plea, which gets the defendant credit for acceptance of responsibility, but also includes helping my clients receive and benefit from § 5K1.1 and Rule 35 motions.  I have a highly focused practice, I am able to offer the quality of work normally associated with big firms, but with the personal attention and affordability expected from a small firm.

If you or a loved one needs an attorney who regularly represents individuals in federal court, please call Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.

FAQs

What is a § 5K1.1 motion?

A Motion is a request to a court to do something. A 5K motion is motion filed by a prosecutor under the authority granted by § 5K1.1 of the United States Sentencing Guidelines (“guidelines”). It asks a sentencing court to depart downward under the guidelines based on “substantial assistance” provided by the defendant. As part of the sentencing process, a court must consider the range of sentences recommended by the guidelines. When a court departs downward, it means that the guidelines will recommend a shorter range of sentences. A government § 5K1.1 motion will normally result in a shorter sentence.

What is a Rule 35 motion?

A Rule 35 motion is a motion filed by a prosecutor under the authority granted by Rule 35(b) of the Federal Rules of Criminal Procedure. It asks a court to reduce a previously-imposed sentence based on substantial assistance by a defendant provided after sentencing.

Who can file a § 5K1.1 or Rule 35 motion?

Only the prosecutor in a defendant’s federal case may file a § 5K1.1 or Rule 35 motion.

What is substantial assistance?

What is “substantial” in one prosecutor’s office may not be “substantial” in another office. All prosecutors consider testifying against another person to be “substantial.” Some prosecutors do not consider simply providing information to be “substantial,” unless it leads to something specific, such as an arrest, indictment, or conviction.

Does a § 5K1.1 or Rule 35 motion authorize a court to sentence below a mandatory minimum?

Some offenses require a court to impose a sentence that is a least a certain number of years. For example, if a five-year mandatory minimum applies, a court must impose a sentence that is at least five years. A substantial assistance departure motion can give a court the power to impose a sentence as low as probation – but only if the prosecutor gives the court that power under the authority granted it by § 3553(e) of Title 18 of the United States Code.

When the prosecution files a §5K1.1 or Rule 35 motion, how low can a court’s sentence go?

Although prosecutors filing § 5K1.1 and Rule 35 motions normally recommend specific sentences, once a prosecutor files such a motion, the court is free to impose whatever sentence it believes is appropriate. If a mandatory minimum is involved, a court may not impose a sentence below the mandatory minimum unless the prosecutor’s motion gives the court such power.

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