Blog | Michigan Federal Attorney

What Not to Do if You Are Under Federal Criminal Investigation

Barton Morris2016-11-16T13:37:27+00:00May 2nd, 2016|

Title: What Not to Do if You Are Under Federal Criminal Investigation Description: In this video, Barton Morris describes actions to avoid when under investigation, and the importance of immediately seeking out a criminal defense attorney. What Not To Do If You Are Under Federal Criminal Investigation If somebody is under criminal investigation, it is very important that they act accordingly. It’s very important that, first of all, they do [...]

What is the penalty for hopping the White House fence? Prison is not the worst thing that happens.

Barton Morris2016-11-16T13:37:27+00:00January 4th, 2016|

EVER WONDER WHAT THE PENALTY IS FOR HOPING THE WHITE HOUSE FENCE? The White House in Washington, D.C. is a universal symbol of American Democracy and its image is famous, especially from the north side on Pennsylvania Avenue. This location is the closest to the White House you can get without permission and at least two people have jumped over that fence in the last two years. In 2014 Omar [...]

Can a Laser Pointer Lead to a Federal Offense?

Barton Morris2016-11-16T13:37:28+00:00November 16th, 2015|

Within the past week both Detroit and New York airports have reported people intentionally directing laser pointers at airplanes in the sky. This act is a federal offense. These devices are cheap but are capable of pointing a small and visible light beam hundreds of feet away. The are said they can possibly impair a pilot's eyesight which is dangerous and is a federal criminal offense. Intentionally aiming a [...]

Federal Firearm Offenses in Relation to Drug Trafficking

Barton Morris2016-11-16T13:37:29+00:00November 5th, 2015|

When a firearm is used in relation to a drug trafficking offense, Federal prosecutors will often charge a 924(c) crime otherwise known as using a firearm in furtherance of a drug trafficking offense. The penalties are harsh because a conviction results in a mandatory minimum sentence which must be served consecutive to the underlying drug offense. Depending on the circumstances, the mandatory minimum sentence could be as little as five years and [...]

Congress Makes Progress in Reducing Mandatory Minimum Sentences

Barton Morris2016-11-16T13:37:29+00:00October 27th, 2015|

If a person is convicted of possessing with the intent to deliver 280 grams of crack cocaine, they will spend a minimum of 10 years in prison. It does not matter if it was your first offense, whether that person was a minor participant in a large drug conspiracy, or whether no violence was involved. Even if the judge does not believe the person deserves it, he has no choice. [...]

United States Sentencing Commission Releases Federal Alternative Sentencing Report

Barton Morris2016-11-16T13:37:29+00:00July 27th, 2015|

99% of criminal litigation in federal court results in a conviction and sentence. Therefore, a federal criminal practitioner must be skilled and effective at sentencing hearings. Federal sentences are always more severe and punitive than those in state courts. It is important that a federal criminal defense lawyer know and provide the sentencing judge and probation department with sentencing alternatives. Alternative sentencing allows the court to exercise its duty to [...]

Supreme Court limits the Federal Armed Career Criminal Act

Barton Morris2016-11-16T13:37:30+00:00June 30th, 2015|

If a person in a federal prosecution is convicted of being a felon in possession of a firearm and also has three prior “violent felony” convictions the penalty is increased to a mandatory minimum of fifteen years in prison. That is called the Armed Career Criminal Act of 1984 or the ACCA. That part of the law was struck down by the US Supreme Court as unconstitutionally vague on June [...]

Federal Asset Forfeiture: What it is and how to get your property back?

Barton Morris2016-11-16T13:37:30+00:00June 25th, 2015|

What is Asset Forfeiture? In a civil asset forfeiture proceeding, actions are not against a defendant, but rather against the asset or property itself. Civil forfeiture can occur without a person ever being charged or convicted of a crime. In Michigan, the police can seize private money or property based simply on suspicion of involvement in illegal activity. What makes this even more egregious is that the very law enforcement [...]

U.S. Supreme Court to decide level of knowledge necessary for drug prosecutions

Barton Morris2016-11-16T13:37:30+00:00April 30th, 2015|

Federal and Michigan law prohibit a person from knowingly possessing or distributing a controlled substance. The element of “knowingly” is important because it requires the government to prove that the person knew the substance was what the government was alleging was possessed. For instance, MDMA aka ecstasy is a controlled substance. For a person to unlawfully possess MDMA, they must know it was MDMA and the government must prove it. [...]

Federal Criminal Prosecution Government Cooperation Strategies

Barton Morris2016-11-16T13:37:30+00:00April 15th, 2015|

Cooperating with government is a very common, and sometimes effective strategy in mitigating the consequences of a federal criminal prosecution. Unlike state prosecutions, assisting the government in the prosecution of crime, including your own, can have a tangible benefit meaning it can be somewhat quantified before hand. In State court, cooperating is rarely a strategy if ever. In federal criminal prosecutions, it happens all the time. Sometimes lawyers are too [...]