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Criminal Law

: Underdog

Sentencing, ex post facto, and conspiracy lifespans.

By Marks & Katz, LLC

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   United States Constitution (From public domain.) A critical part of practicing criminal defense anywhere is to advise clients of their sentencing exposure. In the jurisdictions that have sentencing guidelines, lawyers must know and understand them thoroughly and apply them well, in addition to all statutory guidelines provisions. It is not easy advising a client to plead guilty for a crime that the client did not commit (but for which s/he will likely lose at trial), that should not be criminalized in the first place, or that will likely involve a sentence that is far harsher than what is fair. However, a lawyer is obligated to help a criminal defense client reduce the harm on him or her. If the only way a lawyer can do that is to avoid practicing criminal defense, then so be it...continue to full post

Full post as published by Underdog on December 11, 2008 (boomark / email).

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