Arenstein & Gallagher Criminal Defense Attorneys
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October 2014 Archives

Federal Drug Cases and Safety Valve Sentence Reductions

Many times people who are involved in a federal drug case of have a loved on who is facing federal drug charges hear he/she might be "safety valve eligible" but do not know what this means. The federal sentencing guidelines are now only advisory and not mandatory for judges who are faced with developing a sentence for someone.

Forfeiture Laws Are Crazy!!

No one who thinks we have a constitution would ever think that we have the forfeiture laws we have on the books. The laws are stacked against you and you have very little recourse.
Police who happen upon money or items they have probable cause to believe are drug related or may have come from illegal drug activity may be seized and possibly forfeited. True. What establishes the connection? No much is needed here.
If you have a drug past or someone you are with has a drug past, then anything you are carrying or anything carrying you may be considered drug related by any police officer with an active imagination or creative writing class under his/her belt.
If the circumstances surrounding the police encountering you are suspect, then anything you carry or anything carrying you may be considered drug related or the proceeds of drug activity. No kidding.
Client have been deemed suspicious for buying last minute tickets to Las Vegas. For buying a one way ticket to Miami Florida. In each case the client had cash on him. Thousands of dollars were seized from each client. Vegas? Rally?
If police smell marijuana it may give rise to suspicion the people in the car, what money they have and the car they are driving are all drug related. 

Are All Defense Lawyers Alike?

Everyone seems to have a sense of what a criminal defense lawyer is like. They picture someone who skirts the boundaries of the law, sometimes crosses it, and has few scrupples. Most people seem to think the lawyers who represent accused persons were at the lower end of law school graduation rolls. They could not find another job so they stooped down to represent the criminals among us. Then they meet one. Then they need one. Or a family member needs one. Then they are "god sent". 

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