Set For Sentencing

I believe that NOTHING IN THE LAW MAKES SENSE EXCEPT IN LIGHT OF EMPATHY .  This is especially true when it comes to sentencing.  A lawyer's ability to understand and connect with a client is essential to their practice.   But it's not an easy concept to understand, it's not always easy to put into practice, and it's even harder to get decision-makers to feel empathy for those that have done somet...

This week, helping us get Set For Sentencing is Dr. Kelly Richmond Pope.   She's a fraud expert, a filmmaker, and an accounting professor at DePaul University in Chicago.   Her latest book, " Fool Me Once: Scams Stories and secrets from the Trillion Dollar Fraud Industry ," is burning up the charts nationally.   Why do people commit fraud?  What is the appropriate punishment? What is the public pe...

Mark Allenbaugh and I recently had the honor of appearing on an important new podcast about drug policy, created by the Drug Enforcement and Policy Center at the Ohio State University.  This six-part series was released in May 2023.  In coordination with the creators of this excellent podcast, we are re-posting our episode, (ep. 5) here.  If you dig this show, you can grab the other 5 episodes whe...

Cyndy Short has been representing those accused of the worst crimes imaginable for most of her career – and she has NEVER had a client sentenced to death on her watch.   S he understands that sometimes what makes a lawyer great isn't their legal abilities, but their  human abilities.   In other words, it's time for lawyers to unlearn everything we were taught, roll up our sleeves, and immerse ours...

Just when I think I'm out, they pull me back in!   Not that Mark Allenbaugh isn't a great guy to spend an hour with doing law-related chitty chat, but after a barrage of Allenbaugh episodes from Elmer to Donald to Walt, I thought I was gonna get to move on to a couple of other great guests and topics.   No such luck.   Because... Hunter Biden. We learned Hunter will plead guilty to two misdemeanor...

We've talked at length about Trump's exposure in the documents/obstruction case now charged in Florida.   But, nobody has been talking much about the co-defendant; Trumps "body man", Waltine Nauta.   What's his exposure?   What's his incentive to plead guilty or testify against Trump?   What is his mitigation story?  Therefore, i n order to be fully Set For Sentencing on this case, we gotta talk a...

When the FBI executed the search warrant at Mar-a-lago and discovered a trove of confidential and top secret government documents, we did a deep dive into the realm of possibilities  (EP 12:  Mar-a-la-going To Prison??) should Trump ever be charged, tried and convicted.  But, we didn't know then what we know now.  So, here we follow up and fill in any holes on what's in store for the former presid...

After being found guilty of crimes including Seditious Conspiracy, Elmer Stewart Rhodes, leader of the "OathKeepers" was given the longest sentencing to date for any 1/6 defendant.   Here, we monday-morning quarterback every aspect of Rhodes' sentencing.  There is much to learn from this one, about guideline issues, written advocacy, allocution, and post-sentencing conditions of confinement.   Hel...

Yes, we came up with a pithy name we are sure will catch on for the new and VERY consequential US sentencing guideline amendment which allows a 2-level reduction for those with zero criminal history points and who aren't excluded based on several listed criterion.    This amendment is a BIG DEAL, and will be retroactive, potentially impacting thousands of inmates in the BOP, and countless clients...

Yes, NY Congressman George Santos is innocent until proven guilty.  That said, he has already been tried and convicted in the media for a plethora of demonstrably provable falsehoods, which will not bode well for him should he choose to exercise his right to trial on fraud charges.  Will he make the right choice, fall on his sword, resign from Congress, and demonstrate extraordinary remorse and ac...

The US Sentencing Commission created "JSIN" (sounds like "Jason") as a resource for Judges who want to understand how defendants are really being sentenced under the guidelines.   And, currently thirty-one federal jurisdictions are now incorporating JSIN data into the pre-sentence report. But, are the stats accurate?  Could these numbers help or harm our clients? Therefore, helping us get Set For...

What can you do when your client with two prior felony drug convictions gets arrested and charged for a new and very serious drug trafficking offense?  Most lawyers, looking at this history, the substantial weight of drugs involved, a pile of money, and a gun, would resign themselves to epic defeat.  This man was facing a sentence that could easily have landed this client in prison for the rest of...

If you've been paying attention, you've heard me talk, ad nauseum, about the use of sentencing statistics in Federal cases.      But did you know that sentencing statistics are also relevant in your STATE CASES?     But, state sentencing data is often harder to access, and may require a tenacious investigator to fight arduous public records request battles.   Therefore, helping us get Set for Sent...

Criminal immigration matters make up some 70 percent of all federal cases charged.  But the statutes our government uses to prosecute and sentence undocumented human beings to serious prison time, was motivated by racism and discriminatory intent.  Therefore, a team of fearless lawyers mounted a massive undertaking to challenge these statutes in federal court -- and WON .   On August 16, 2022 Judg...

On April 5, 2023, the United States Sentencing Commission voted to make several substantive changes to the federal sentencing guidelines.  If approved (or not acted upon) by Congress, some of the most significant amendments in recent memory will go into effect on Nov. 1, 2023.   These changes will effect anyone currently pending sentencing in federal court, and anyone currently serving a sentence...

This week, we continue our crucial conversation on Autism with Mark Mahoney, America's leading Autism defense attorney (harringtonmahoney.com). There is so much we don't know when it comes to ASD, and because it's so prevalent, lawyers must be on the lookout for this issue in every case.  It matters.  It matters to culpability, it matters to recidivism, it matters to conditions of confinement.   T...

We began this conversation in Ep.5,   "Understanding Autism at Sentencing".   But the topic is so important, and so close to my heart and the work that I do, it's time to dig in deeper. In the first of a two-part episode , we talk with the nation's premiere criminal defense attorney when it comes to representing those on the autism spectrum who find themselves charged with crimes, particularly onl...

March 19, 2023 is the 3-year anniversary of the first recorded Covid infection in the Federal Bureau of Prisons.   But the true story has not been told of the BOP's failure to protect inmates and prevent the spread of the virus with all of its deadly, disastrous, and long-term consequences.   Therefore, it is imperative that we continue to tell the story of BOP's incompetence, indifference, and ob...

Have you ever wondered if Rikers Island is really as bad as it is portrayed on TV?   Did you know NYC held newly sentenced prisoners in something called "the tombs"?   How does New York State sentencing compare to federal?   You're about to have all of those questions answered and more, with Craig Rothfeld, a New York State prison consultant. IN THIS EPISODE:   From "the Tombs" to Rikers Island; I...

Many with serious mental illness and intellectual and developmental disabilities find themselves caught in the web of the criminal justice system.   But these issues are complex.   We need help recognizing the issue, finding the right expert to make sense of it, and properly integrating it into a client's mitigation narrative.  Therefore, behold attorney Elizabeth Kelley, who has spent a career cu...

Welcome back to the thrilling conclusion of my 2-part episode with Dr. Paul Zak!   Dr. Zak's new book, Immersion, the Science of the Extraordinary and the Source of happiness is a powerful reminder that if we lawyers want extraordinary results at sentencing, we must create extraordinary, immersive experiences at sentencing.   It's what I strive to do in every case, and Dr. Zak's years of research...

We all want to be more persuasive communicators, especially when the big day of sentencing is upon us.  But, many of us don't know whether our oral, written, or visual communications are grabbing and holding our audience, and most importantly, moving them to make the right decision in a case. Therefore, helping us get Set for Sentencing is Dr. Paul Zak!   He  has spent over two decades researching...

Sharon Hicks is the epitome of a fearless lawyer.   When she had a case with bad facts, a seemingly intractable judge, and a prosecutor seeking the maximum sentence, she made a case for probation.   Everyone, even her closest legal confidants told her she was dreaming.   But she knew this client had a story to tell, that was never told before.   With a thorough mitigation investigation and a power...

Jon May is a gentleman, a scholar, and a phenomenal criminal defense lawyer based in the Miami area.   His new book, Who Says You Can't? How To Become a More Creative Criminal Defense Lawyer embodies his practice and his prolific writing on various aspects of criminal defense. It was an honor to hold court with him as he helps us get Set for Sentencing. IN THIS EPISODE: The concept of "trying your...

We have an attorney general, who serves as the chief prosecutor for federal or state government. So, why, if we claim to have equal justice under the law do we not have a defense counterpart?  Author and attorney extraordinaire, Andrea Lyon, makes the case for exactly that in her new book, Fixing Legal Injustice In America: The Case For A Defender General of the United States. She has graciously a...