Federal sentencing guidelines are typically more intricate and comprehensive than most states’ sentencing rules. An accused person could consult a DC federal embezzlement sentencing lawyer for help. Speak to a knowledgeable criminal attorney to learn your rights and to enlist help in fighting your case.
Federal sentencing in embezzlement cases typically follows a procedure similar to other cases. After a person is found guilty at trial or pleads guilty, a pre-sentence interview is conducted by a probation officer. The interview is a meeting between the probation officer, the person who was found guilty or pled guilty, and the defense attorney. A DC lawyer could represent the defendant during a federal embezzlement sentencing interview.
The person may be questioned about biographical information, their life, history of substance abuse, education, employment, and other areas of their life. The probation officer may take the information, verify it, complete a sentencing guideline calculation, and create a draft pre-sentence report. The prosecutor and the defense may have an opportunity to comment on and/or make objections after reviewing the pre-sentence report. The defense and the prosecution draft sentencing memoranda that outline their positions on the appropriate sentence for the particular case.
The judge could resolve any issues as to what the advisory sentencing guidelines range should be at the sentencing hearing and could listen to arguments about other factors delineated under 18 U.S.C. Section 3553(a). The judge typically needs to consider the advisory sentencing guidelines and take into account, the nature and circumstances of the offense, and the characteristics of the defendant deterrence while promoting respect for the law. This may include deterrence specific to the defendant and what the message to the community should be regarding the actions taken by the person. The judge also determines whether the individual needs education or treatment.
There are potential enhancements for cases that involve embezzlement. The factors that could initiate enhancements typically include the number of allegedly wronged people, the role the accused individual played, and the amount of money involved. The presence of these factors could increase the potential sentencing guidelines. If sophisticated means were involved in the embezzlement, or if a substantial portion of the fraud occurred outside the United States, those factors could result in enhancements.
When potential sentencing guidelines are calculated, two factors are typically involved: criminal history and offense level.
The sentencing guidelines have rules that govern how the criminal history and the offense level of a person are determined. The two factors are combined to determine the advisory sentencing guideline range.
The advisory sentencing guidelines could fall into one of four zones: A, B, C, or D. Zone A is the most lenient and Zone D is the most serious. The zones correspond to the various potential sentencing options a judge has under the guidelines. Judges are not required to follow the guidelines.
If a person falls into Zone D, which is typically prison only under the guidelines, a judge could make a deviation and sentence the individual to probation.
A DC lawyer could help accused persons understand how federal embezzlement sentencing guidelines may affect their case.
While there is no mandatory sentence specific to embezzlement, there may be a mandatory minimum sentence of two years for acts of identity theft if the theft of identity information of someone else was used.
It may be crucial to have an experienced lawyer with knowledge of embezzlement cases. Achieving success in embezzlement and other cases could be directly related to the amount of work the DC Federal Embezzlement Sentencing Lawyer may need to put into each case. As more work is put into a case, new opportunities to succeed may be uncovered. Call an attorney today to speak about your case.
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