Federal Criminal Law 101- For General Flynn, Paul Manafort and Jarod Kushner

Dear General Flynn, Paul Manafort and Jarod Kushner, 
I cannot give you legal advice on your specific situation. Nothing in this post should be taken as legal advice for you or anyone else. However, Here is some information that you probably should know:
1. When you are charged in federal court you can be held without bond.
2. When you are charged in federal court your case will be before a District Court Judge who is appointed for life. (Trump cannot fire them) 
3. When you are charged in federal court most evidentiary rules favor the Government. (Trump will have no input on these decisions)
4. When you are charged in federal court the odds will be against you. The Government makes strong cases. Sometimes the Defense wins, but it’s a very tough fight

5. When you are convicted in Federal Court a calculation will be made under the Federal Sentencing Guidelines as to what your sentence should be. While the Guidelines are only advisory, most judges stick pretty close to them.

6. When you are serving your sentence in Federal Prison, you will not be eligible for parole. There is No parole in Federal prison. Plan on serving 85-90% Of your sentence.

7 You can request that you be sent to a prison near your home but where you are sent is up to the Federal Bureau of Prisons.
8. When you are charged in Federal Court, your lawyer will have little leverage in negotiating.
9. One of the few ways you can get a sentence reduction is if you cooperate, tell the truth and provide the Government with substantial assistance in the investigation and prosecution of others. If you cooperate and provide substantial assistance the Government may file a 5k Motion suggesting that the Court reduce your sentence. Typically, successful cooperation results in a recommendation that your sentence be reduced by 30%. So if you are convicted, you might get a sentence reduction, but you will likely still go to prison. 
10. Sometimes there is a race to the courthouse. That means quite literally, co-defendants often try to get in line quick to cooperate. That is because, those who cooperate first, often stand to get the best sentence. In a manner of speaking, our system encourages and rewards snitches. 
Trump will not go to prison. He will avoid it, just as Nixon avoided it. The question you may have to decide is whether you are willing to go to prison for Trump? 

About Robert Fickman

Robert Fickman is a criminal defense attorney with 33 years experience in defending the citizen accused in both state and federal court. He is a past president of HCCLA and remains active in its mission.

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