Defending People

the tao of criminal-defense trial lawyering

Federal Sex Offender Registration

| November 14, 2007

Under the Sex Offender Registration and Notification Act (SORNA), a “sex offense” includes (among other things) any “criminal offense that has an element involving a sexual act or sexual contact with another.” 18 U.S.C. § 16911(5)(a). (Question: does “with another” modify “sexual act” or only “sexual contact”?) A “sex offender” is a person who was [...]

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The No-Snitches Clause

| October 25, 2007

Here is what I now put in my contracts on federal cases. (I cribbed it from another lawyer who has had the no-snitches policy for a long time.): I do not represent people who “snitch,” “rat,” or cooperate, which means giving information against others to the government in order to avoid criminal charges, receive leniency, [...]

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Objects of Punishment in Federal Court

| July 16, 2007

The U.S. Congress, in its (ahem) wisdom, has specified the purposes of punishment in federal criminal cases: (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (B) to afford adequate deterrence to criminal conduct; (C) to protect the public from further crimes [...]

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Federal Cases: “But I’ve Never in Trouble Before”

| June 29, 2007

When my federal criminal defense clients and I are discussing the possible punishment (using the sentencing guidelines as, well, guidelines) that they might receive if they are convicted, they are often shocked. The sentences seem severe for first-time offenders. “But Mark,” they often say, “I’ve never been in trouble before. Can we get the sentence [...]

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