Federal Lawyer

When it comes to testimony in a jury trial, trust, professionalism and experience all play into the mix. The jury is hearing statements from two sides, each with it own position and goals. Perhaps one of the most trusted witnesses to take the stand in such a proceeding is a licensed physician. To most laypeople, just the credential alone carries a lot of steam, and for most physicians who’ve studied for several years to reach the level they’re at, knowledge is power. The testimony of a physician can potentially change the outcome of the trial. Physicians as expert witnesses are used in a variety of court proceedings, though mostly in jury trials, where it is their job to impart their knowledge onto the jury who will carry out justice in the end.

It is the physician’s job to describe to the jury, or other parties, exactly what kind of injuries have been imparted on the purported victim. Though this is not always the case, as the alleged suspect can hire his/her own physician to serve as an expert witness. While testifying the physician uses props such as diagrams and x-rays to show his or her conclusions.

An example where physicians were used as expert witnesses is the manslaughter trial of millionaire rancher Rodney John Sency. Sency, who owned a mountain ranch, was accused of manslaughter after he killed one of his workers with a sledgehammer. His attorney argued self-defense, because the victim had come at him with a knife after Sency fired from his position as ranch hand. But during the trial, which Sency was eventually acquitted of, both sides called to the stand physicians as expert witnesses to detail the injuries of the victim. The physicians each offered theories as to how many times Sency struck the victim and how hard he delivered the blows. The testimony of both physicians clashed somewhat, and in the end it was up to the jury to decide who to believe.

Physicians hired as expert witnesses generally charge steep rates to attorneys who hire them. Some physicians can command hourly rates as high as $3,000, though the general rate is around $500. With such figures, it’s not hard to understand why many physicians leave their practices or other positions to work in this field as a freelancer.

When it comes to hiring physicians as experts, there are websites attorneys can start with that list the experts by specialty. Physicians not only specialize in general medical injuries and other related litigation, but also work for insurance companies and other agencies filing claims in civil and federal court. When so much money is on the line for such parties, they will have no problem paying top dollar for the best physician experts.

The most notable cases for these experts are the ones where no hard evidence exists. For instance, an x-ray will show a broken leg, but some injuries, such as nerve injuries, require a more objective reading. These are classic cases where experts offer up their medical opinion.

Originally published here.

Federal criminal law features sentencing guidelines.  These guidelines have been drafted by the United States Sentencing Commission.  These guidelines are not mandatory, and a federal district judge has the authority to depart upward or downward from the guidelines upon appropriate findings.

However, the guidelines are the most important tool courts and lawyers have in determining the ultimate sentence for someone convicted of a federal crime.

The guidelines first determine the base offense level. There are 43 base offense lives, the higher the level, the more serious the crime.  

Second, the guidelines provide for a large number of “specific offense characteristics.”  These are characteristics that are associated with the crime that can either increase, or decrease the base offense level. For instance, if a robbery included the display of a firearm, there may be a 5 level increase from the initial base offense level of 20, making the offense level 25.

Third, the guidelines provide for adjustments, which again can either increase or decrease the offense level.  For instance, if the person was a minimal participant, the offense level can be decreased by 4 levels.

Fourth, the sentencing guidelines provide for Multiple Count Adjustments.  The most serious offense serves as a starting point, and if there are multiple counts, the other counts help determine whether and by how much the offense level will be increased.

Fifth, the sentencing guidelines provide for Acceptance of Responsibility. A judge may determine whether the person made restitution, pled guilty, and accepted responsibility for the crime prior to sentencing.  If so, the person may be eligible for a 2 level reduction, plus an additional 1 level reduction if the offense level was above 15 and the government motion indicates that the person pled guilty in a timely fashion.

The person’s sentence will be determined, in large part, by calculating the person’s offense level as described above, and then using the person’s prior criminal record to determine where he falls on the grid.

Many crimes – including drug crimes – include mandatory minimums.  These statutory minimums mean that even if the person achieves an offense level which would have him serve less time than the statutory minimum states, he will serve the statutory minimum.  In other words, the statutory minimums are floors.  

There are limited ways to go below the statutory minimum which I will discuss at a later time.  

In addition, a judge is permitted to depart from the guidelines altogether, although departure from the guidelines may limit the judge in terms of going below an offense’s statutory minimum.

If you’re in need of a tough, caring Raleigh criminal lawyer, give Damon Chetson a call (919) 352-9411 anytime. Criminal lawyer Raleigh Damon Chetson represents individuals charged in state or federal court throughout the Research Triangle – Wake, Durham, Johnston, Lee, Harnett, Orange, and Chatham counties. DWI Raleigh lawyer Damon Chetson is available day or night, weekdays or weekends. Call him anytime – weekdays, weekends, evenings or holidays.

Originally published here.

Don’t Ask Don’t Tell ruling has gay service members wondering ‘what’s next?” Military Lawyer & Tully Rinckey Managing Partner, Greg T. Rinckey, explains what this means for service members.