In general, clemency refers to the moderation or even lowering of a jail sentence. This is a good tool for people who pursued the appeals process but have no other options. Clemency can take more than a year to pursue. If the Clemency and Pardons Board looks at your...
Paving The Way To Justice
Criminal Law
Are you really ready to accept a plea deal?
If you are facing federal criminal charges, there is a good chance prosecutors will consider negotiating a plea deal with you. After all, according to Fair and Just Prosecution, upwards of 97% of federal prosecutions conclude with defendants pleading guilty. Plea...
What do you need to prove your lawyer was ineffective?
When looking at your options for a post-conviction appeal, one element that may figure prominently in your odds is whether or not your attorney was effective. Should you believe your representative at trial did not perform up to the legal standard, you may have the...
What is a habeas corpus petition?
After a conviction, you may want to challenge the state's process or evidence against you. You may petition the court to compel a review if you believe something was amiss during your trial. A habeas corpus petition is a legal filing that asks a judge to release you...
How can you prove the police violated your rights?
The police must follow a procedure to question and arrest you. If they do not, a judge may decide to void your arrest. What evidence do you need to prove that the police did not follow proper procedure? There are a few avenues down that a professional may help you...
What makes drug possession a felony?
Getting hit with a drug charge may send you to jail or prison. One factor in how the court proceeds is whether or not the crime elevates to a felony charge. Felony drug charges may come with much stiffer penalties. However, not all drug crimes are equal, and not all...
Resentencing considerations
When convicted individuals face prison time, it may feel like there is no alternative to the original sentence. However, that is not necessarily the case. The State of Washington has a number of avenues for some inmates to reduce their sentencing. These include a...
What are the elements of proving a federal embezzlement charge?
If you face embezzlement charges at the federal level, you will need to put together a proper defense. But to do this, you want to understand the points or elements that the prosecutor must prove to convict you. Knowing the elements of the crime enables you to address...
What are some exceptions to unlawful presence in the U.S.?
If you are a resident of another country and did not enter the United States through lawful means or your present authorized stay in the country has expired, the U.S. government may consider you unlawfully present. This could be a problem since U.S. authorities may...
How do you know if you have an entrapment defense?
In criminal law, if you feel the officers pushed you to commit a crime, you could have a defense called entrapment. According to the Department of Justice, the theory behind entrapment is that officers cannot implant a criminal idea in an innocent person's head or...