Anticipatory Search Warrants and Triggering Conditions
Police may obtain a search warrant before evidence arrives at the location to be searched. This is known as an anticipatory search warrant. The warrant is generally executed only after a specified future event, called the triggering condition, establishes that the evidence is likely to be present.
If federal...
Protected Proffer Statements Cannot Increase Drug Quantity at Sentencing
A federal proffer can help a defendant pursue cooperation, but it can also reveal information that substantially increases the government’s knowledge of the alleged offense. When the government promises that self-incriminating information will not be used to calculate the sentencing guidelines, it cannot use protected proffer statements to increase drug quantity or...
Zero Point Sentencing Amendment Explained
Federal defendants with zero criminal history points may qualify for a two-level reduction in their offense level under USSG §4C1.1, commonly known as the zero-point offender adjustment.
Federal sentencing attorney Michael J. Petro represents...
If a Federal Criminal Defendant Says Appeal, File the Notice
A federal criminal defendant who wants to appeal should tell defense counsel immediately. And when a defendant clearly instructs an attorney to file a notice of appeal, the rule is straightforward:
File the notice of appeal.
That remains true even when the defendant pleaded guilty and...
Earning First Step Act Time Credits
The First Step Act Time Credits program allows eligible federal prisoners to earn credits by participating in qualifying programs and productive activities. Those credits may permit an eligible prisoner to transition from a federal prison to prerelease custody earlier or, in appropriate circumstances, transfer earlier to supervised release.
Federal...
Federal Criminal Forfeiture and Third-Party Property Claims
Federal criminal forfeiture can reach far beyond cash found in a defendant's possession. The government may seek forfeiture of real estate, vehicles, bank accounts, businesses, firearms, jewelry, and other property allegedly connected to criminal activity.
But what happens when someone other than the defendant claims to own the property?
Brady Evidence and Hidden Exculpatory Information in Federal Cases
Federal prosecutors have a constitutional duty to disclose material evidence favorable to the accused. That obligation includes evidence that supports innocence, reduces culpability, undermines a government witness, or supports a defense theory.
A Brady violation can affect whether a defendant receives a fair trial. If you believe federal prosecutors...
Federal Sentencing Attorney Michael Petro Explains Concurrent Sentences
A federal judge may order a federal prison sentence to run concurrently with, partially concurrently with, or consecutively to an undischarged state sentence. The result can determine whether the defendant receives meaningful credit for time already spent in state custody or serves additional years after completing the state sentence.
Federal Medicare Fraud Defense Attorney
Federal Medicare fraud investigations can expose physicians, health care professionals, medical providers, and business owners to serious federal criminal charges. A conviction can result in imprisonment, substantial financial penalties, restitution, forfeiture, and consequences affecting professional licenses and participation in...
Federal Motion to Suppress Evidence Granted
A federal court in Tampa recently granted a motion to suppress evidence after finding that police lacked probable cause to arrest a driver and search his vehicle.
The case involved a very narrow Fourth Amendment...