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Originally Posted by dilbert firestorm
who knows... lawyers are expensive.....
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Relatively speaking few federal criminal cases are actually tried.
The Federal Sentencing Guidelines are no longer "mandatory," but most Federal judges follow them as concepts to assess punishment and their decisions are regularly appealed, which are reviewed by the Federal Appellate bench based on precedent and the guidelines.
Not only can the Federal judge consider the facts of the case, but can consider any and all other activities of the defendant, even if not charged (no indicted). Flynn's "military service and public service" may not be helpful with this allegation, since he might be held to a higher standard than the average citizen because of it.
As a consequence a "plea deal" is sometimes a more attractive option than risking an open plea or post-trial sentencing, which is often dependent upon the sentencing judge and/or the appellate circuit in which the Federal judge sits.
It's not always about money ... and at that level that is probably the lesser element of the decision making.
The new federal legislation may change some of that, but it's still about sentencing in the end. More so than state courts the Federal judge will look at the underlying facts of the plea deal and review the statutory and constitutional issues raised by the facts and process ... and a major concern is a review of the underlying facts vs. the statutory basis for the conviction and the due process amendments and their application ... 4th, 5th, 6th, and 14th as applicable ... and in some instances the 8th.
State courts from one state to the next are different, but I would suggest a Federal sentence for the same factual offense will be longer, if for no other reason than in the past the Federal sentence was day-for-day unless a recommendation by the Bureau of Prisons is acceptable to the Presiding Trial Judge or his/her replacement in the case. The problem in the past has primarily been the mandatory minimums and mandatory "stacking" of offenses and elements (like firearm usage) of the offense that have been imposed by Congress. (I "assume" the new Federal act is addressing those considerations.)
The recent debacle in Las Vegas regarding discovery abuses in point!
https://www.azcentral.com/story/news...ng/1008051001/
Bundy Dismissal
