Post-Conviction Motions are key areas to present new information or information that could not be presented on appeal. It is important to make sure to identify each of the potential issues which requires a significant amount of time and experience which can make or break your attempt to receive a prison sentence reduction. NLPA can assist in pursuing a prison sentence reduction in both state and federal cases. NLPA’s researchers will work through your case with a fine-toothed comb to make certain that you have the best shot in pursuing your reduction of sentence.
Our researchers work tirelessly for your counsel to present all of the issues in requesting a reduction in your sentence. State and Federal post-conviction motions vary in deadlines and NLPA is well-versed in all jurisdictions. No matter where your case is, we can help you and your counsel in pursuing reduction of sentence in your case.
Our post-conviction service includes not only the drafting of a thoroughly-researched opening motion, but also the preparation of any reply to the government’s response as well as objections to reports and recommendation and, if necessary preparation for evidentiary hearings.
NLPA offers affordable legal help as well as a number of different financing options and payment plans. NLPA has an extensive background in pursuing post-conviction sentence reductions. For additional information about cases NLPA has assisted counsel with prison sentence reductions, contact us today.
Information you can use to help your loved one in their fight for justice. Legal Services provided by NLPA.
Do you often times wish that you could obtain information that could assist you in knowing what needs to be done to help your loved one to fight for justice, but cannot afford to hire a high priced attorney to provide legal services to give you the information or the help you need? The NLPA Criminal Defense Subscription Plan services is the answer.
By subscribing to the NLPA Information Subscription Service you can obtain information about all types of topics that can be provided to you in order to obtain information in an affordable way that will help you deal with issues being faced by your loved one.
In putting this information together, NLPA has relied upon some of the best legal minds in the business. We believe it should be easy for anyone to obtain information necessary to help a loved one who is facing criminal charges or serving his sentence.
Our goal is to help everyone get the legal services and information that they need and are entitled to so that they will have a better understanding of how to deal with their attorney or the Department of Corrections on these matters.
Topics which are currently available is set forth below.
● Pretrial Information
● Plea Negotiations
● Preliminary Sentencing
● Halfway House
● Work Release
● Institutional Transfer
● How to survive Jail
● Medical Issues
● Getting Married/Funeral
● §1983 Lawsuit
● Expungement of Priors
If you are interested in subscribing to any of the topics on the list above, or to obtain information about the various legal services provided, contact NLPA today. NLPA can assist your counsel with matters ranging from Pretrial Assistance, Sentencing Assistance, Appeals, Post Conviction Motions, Immigration Matters along with various other services.
Rule 11(e) provides that a “Plea may be set aside only on direct appeal or collateral attack.” Unfortunately, on appeal, individuals often face a further hurdle, as appellate courts generally apply a plain error standard where an appellant seeks relief from a plea, but did not file a motion to withdraw at the district court level.
In order to correct an injustice, Mr. Hawkins hired NLPA and Attorney James Belt to prepare an appeal to set aside his plea.
With research assistance from NLPA, Attorney James Belt filed a brief, asserting the issue regarding Mr. Hawkins’ involuntary plea, as well as certain other arguments.
With regards to the plea, it was argued that the district court erred in failing to inform Mr. Hawkins of the nature of the charge to which he was pleading guilty, and by failing to ensure that there was an adequate factual basis for the plea, and that the resulting plea was therefore involuntary.
In making these argument, it was established that the errors affected Mr. Hawkins’ substantial rights, as due process requires a guilty plea to be voluntary, and “a guilty plea … cannot be truly voluntary if a defendant ‘has such an incomplete understanding of the charge that his plea cannot stand as an intelligent admission of guilt.'” Marshall v. Lonberger, 459 U.S. 422, 431 (1983) (quoting Henderson v. Morgan, 426 U.S. 637, 645, n. 13 (1976)).
In spite of the provision in the plea agreement that blocked Mr. Hawkins from filing an appeal, the Court of Federal Appeals agreed, finding that the district court erred by failing to make sure Mr. Hawkins understood the nature of the charge; and by accepting his plea when there was no sufficient factual basis regarding a critical element of the offense.
NLPA has been at the forefront of the effort to correct improper guilty plea proceedings and obtain justice for those who have entered involuntary guilty pleas. NLPA provides research assistance to counsel with regard to Pretrial, Sentencing, State Appeals, Federal Appeals, Post-Conviction Motions as well as several administrative services.
The Hawkins case demonstrates how NLPA can provide legal assistance to counsel in the preparation of appeal arguments attacking the validity of guilty pleas, as well as how NLPA can assist individuals in their fight to overcome the hurdles faced by individuals who have regrettably pleaded guilty, and who are further challenged with overcoming appeal waivers.
It is said that when you are wrongfully convicted, you carry on your shoulder one of the greatest burdens in life – paying for a crime or wrongdoing committed by others. Let us take for example the case of Chedrick Britt of Florida, Case number 02-CF-15542 (13th Cir. 2002).
Chedrick Britt was charged with three sexual offenses by the Grand Jury in Hillsborough County, Florida in 2002. In May of 2004, Mr. Britt proceeded to a Jury Trial in the Thirteenth Judicial Circuit Court and sentenced to a term of 30 years. During trial, testimony was presented that a rape kit was prepared by law enforcement officials which examined several key elements, however, the evidence was not tested for DNA.
NLPA was hired to assist Mr. Britt’s attorney, Charles A. Murray, Esq., to request the State of Florida test the rape kit for DNA evidence. Accordingly, NLPA aided Mr. Murray in the preparation of a post-conviction motion for DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. The post-conviction motion was granted and the rape kit was tested for DNA. The results of the testing called into question the propriety of Mr. Britt’s convictions, which resulted in the courts vacating his conviction and sentences in 2013 and order that a new trial be set should the government wish to continue with the prosecution of Mr. Britt’s case.
Critical to the success of the request for DNA testing was to demonstrate that testing would likely uncover evidence that Mr. Britt did not commit the crimes at hand and he had received wrongful convictions.
Wrongful convictions can be intricate and controversial in nature. The bottom line is that just because an individual is convicted does not mean that the individual was properly convicted and that all attempts to obtain justice must cease. Wrongful convictions are harmful and burdensome. They put a burden on innocent people who have been accused and do an injustice to the victim and society as a whole because the real perpetrator of the crime remains free to commit other crimes.
NLPA has been at the forefront of attacking unjust convictions. Should you find the victim of a wrongful conviction on in a similar situation as Mr. Britt, NLPA stands ready to assist you and your counsel in the research and preparation of any motions and/or research necessary to assist you in the vigorous defense of your case. For more information about wrongful convictions, contact NLPA today.
Often, NLPA is contacted by attorneys who represent federal criminal defendants who are in need of sentencing assistance, given the wide array of arguments that can be made in favor of sentences below what is called for by the United States Sentencing Guidelines.
The case of United States v. Freddie Wilson, Jr., case number 4:11-cr-02161-TLW-14 demonstrates how NLPA can assist counsel in the preparation of multi-faceted sentencing research that challenges the Sentencing Guidelines recommended, as well as presents mitigating arguments for a lesser sentence.
Facing such a long sentence, and needing assistance in the preparation of research challenging the harsh Guideline sentence, Mr. Wilson contacted NLPA to conduct research upon possible means to avoid an unduly harsh sentence.
NLPA conducted research on the potential sentence faced by Mr. Wilson, as well as the possibility of avoiding the harsh sentence put forth in the PSR, in conjunction with Mr. Wilson’s attorney, Joseph N. Connell, who was appointed to represent Mr. Wilson.
These factors include: the nature and circumstances of the offense and the history and characteristics of the defendant; the need to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; the need for deterrence; the need to protect the public; the need to provide the defendant with needed educational or vocational training or medical care; the kinds of sentences available; the Sentencing Guidelines range; pertinent policy statements of the Sentencing Commission; the need to avoid unwanted sentencing disparities; and the need to provide restitution to victims.
Based upon a combination of all of the above factors, the district court for the District of South Carolina issued a below Guidelines sentence to Mr. Wilson. As a result, Mr. Wilson received a sentence of 41 months incarceration. Such represented a sentence almost two years below the minimum recommended Sentencing Guidelines.
The bottom line is that just because an individual faces overwhelming Sentencing Guidelines does not mean that all attempts at securing a lesser sentence must be abandoned in deference to the Probation Office or the federal prosecutor.
From challenging the procedural mechanisms of imposing a Guideline sentence to arguing the lack of factual support for sentencing enhancements to presenting mitigating arguments, NLPA has been at the forefront of attacking insidious and unfair sentences.
To learn more about obtaining a federal sentence reduction or additional services provided by NLPA, contact us today.
As a reputable and established legal consulting firm, National Legal Professional Associates (NLPA) is able to offer in-depth analysis and support without the compounding fees.
Although the NLPA helps people of all income levels, NLPA offers payment plans and affordable legal help to make their services available to everyone. For individuals with limited incomes who still want to assist their loved ones but do not have the finances to do so, we also offer our Criminal Defense Subscription Plan services. By subscribing to the NLPA Information Subscription Service you can obtain information about all types of topics that can be provided to you in order to obtain information in an affordable way that will help you deal with issues being faced by your loved one.
NLPA’s nationwide services utilize extensive years of experience to offer services, bringing balance to the adversarial process; a necessity under our constitutional guarantees. By utilizing our years of experience we fulfill the needs and goals of our clients by offering proficiency with drafting skills, database research, white-collar crimes, Federal Sentencing Guidelines, as well as State and Federal drug offenses.
Whether working within a large law firm, maintaining a solo practice or are just short-staffed at the moment, NLPA can assist in relieving an attorneys workload by assisting with legal research, pressing deadlines, or a case review. This is all accessible while complimenting our client’s own expertise and input. As professionals in the areas of administrative remedies, deportation matters, civil litigation and prison transfers National Legal Professional Associates will offer each client qualified support in a timely manner at minimal expense.
For more information about the affordable legal help offered by NLPA, contact us today.
After a One Hour Deliberation – Not Guilty Verdict: The Need for Proper Selection of Jury – Pretrial Services
Any defendant, defense lawyer or a family member who has been involved in the criminal system understands how important it is to have an impartial and objective jury selected for the trial. The recent case of Torrence Hatch aka rapper, Lil’ Boosie who was charged with first degree murder in the State of Louisiana, East Baton Rouge Parish (Case No. 06-10-0603, 06-10-0605, 06-10-0607, 07-11-0383), is a perfect example of how important this aspect of criminal defense is. The acquittals of O.J. Simpson and Michael Jackson are perfect illustration of how critical it is for a defendant to have an impartial jury of his peers.
NLPA was hired by Mr. Hatch’s mother to assist his attorney, Martin E. Regan, Jr., Esq., with pretrial services. In addition to reviewing ten DVD’s of witnesses’ statements, NLPA also provided a jury questionnaire and voir dire questions to be used by counsel in selecting the best possible jurors from the jury pool to ensure that Lil’ Boosie would receive a fair trial. This strategy was successful in helping Lil’ Boosie have a jury of his peers who were impartial and willing to give him a fair hearing. As a result, the jury was able to see through the government’s efforts to incriminate Mr. Hatch with their unfounded allegations and on Friday, May 11, 2012 after six days of testimony and one hour of deliberations, Torrence Hatch aka Lil’ Boosie was found not guilty!
If you or a client are in need of help with jury selection and/or criminal pretrial services, and want to receive a fair trial contact NLPA!
When a defendant is convicted and sentenced, unless having waived his right to appeal, he or she normally then would proceed to the court of appeals for filing an appeal. Similarly, if a litigant is not happy with a decision made by an agency such as the ICE Department of Homeland Security in deportation cases, usually they may file a petition for review by the Board of Immigration Appeals to appeal the decision.
In criminal cases, a defendant may appeal the verdict if he or she is convicted at trial. Incidently, the government may not appeal if the defendant is found not guilty. However, either side in a criminal case may appeal with respect to the sentence imposed upon the defendant. Regardless of the nature of the case or the issues involved, when filing an appeal it is important to have a legal team in place that can thoroughly research the case to prepare the strongest appeal possible.
When filing an appeal it is important to keep in mind that only issues which can be addressed on an appeal must have been raised in the lower court previously and that new issues cannot be raised in an appeal if the lower court did not have a chance to hear them. If you feel you have issues that were not presented in the trial court record that may be able to help you, NLPA provides various legal services and can assist your counsel in the preparation of a post-conviction motion to raise those arguments.
A good appeal will start with a properly argued case at trial and sentencing. Filing an appeal is a critical stage of a case that can assist in withdrawing pleas (if appropriate), overturning convictions, and reducing sentences. When filing an appeal it is important that counsel reviews the issues closely to ensure that the proper strategy is requested to avoid any outcomes that may create a worse situation than the defendant is already in. After all, you do not want to risk appealing your case only to then be exposed to more time than you were sentenced to!
The federal courts in the United States are divided into 13 judicial circuits. In addition, each state has various appeal courts for their divisions. If you have a state case and are not sure which jurisdiction the appeal needs to be filed in, this information can be verified by visiting the court’s website for where the trial or sentencing was held in your case or by calling that Clerk of Court’s Office.
NLPA has the experience in all jurisdictions to assist counsel in a properly researched and written appeal brief so that when you are filing an appeal you can rest assured you have left no stone unturned. Contact NLPA today for more information about criminal appeals and how we can help!