Sentencing, Direct Appeals & Post-Conviction
The US Sentencing Commission reports that 93.6% of federal criminal cases usually result in the accused pleading guilty.
Additionally, 75.6% of federal criminal defendants are found guilty when the case goes to trial. This is a terrifying thought for you and for your family. These are tough odds and to maximize your chances to beat the charges, you need an experienced and skilled attorney who cares about what you are feeling, who knows the system and someone who will support you. Having this kind of person in your corner provides you with strength.
Robert Malove is on the cutting edge of the developments taking place in the area of federal sentencing law.
In 2005, the United States Supreme Court ruled that the mandatory provision of the United States Sentencing Guidelines was unconstitutional and held the guidelines "advisory" - to be an equal among other factors sentencing courts must consider. Since that time, there have been several Supreme Court decisions have invited criminal defense lawyers to fashion persuasive legal arguments calling for truly individualized sentencing.
The art of sentencing advocacy is a required skill of all criminal defense attorneys but is especially crucial in federal cases. The firm stays informed of changes in sentencing procedures, stays innovative in its post-Booker sentencing strategies and is actively aware of judicial and legislative developments. While it is essential to confront criminal charges head-on, it is of no less vital importance to be mindful of developing a possible sentencing strategy throughout the duration of each case.
The firm aims to provide the most effective and result-producing sentencing advocacy through exhaustive research, the filing of academically superior briefs, motions, and the vigorous pursuit of successful negotiations with the power of full engagement. We take our client's freedom seriously and litigate passionately to achieve the lowest possible sanction.
Direct appeals
The secret to winning criminal appeals is really no secret. Our experience has been that in order to win on appeal certain factors must be present. Chief among those factors are conducting exhaustive legal research and the filing of academically superior legal briefs communicated through a highly persuasive argument. Attorney Robert Malove has extensive experience in criminal appellate matters.
Whether state or federal, errors that have been committed in the trial court supply the genesis for appeals. The job of appellate counsel is to effectively articulate the existence of the errors, demonstrate that they are not "harmless," and convince the court to grant relief.
Robert Malove leaves nothing to chance. Convictions are overturned and sentences are vacated only after conducting a complete review of the entire case history by examining all pleadings and pertinent transcripts of court proceeding.
Post Conviction Relief
Motion For Modification Of Sentence Pursuant To Title 18 U.S.C. 3582
Motion to Vacate Conviction, Judgment & Sentence, Florida Rule of Criminal Procedure 3.850
In most cases, a Motion to Vacate Conviction, Judgment & Sentence pursuant to Florida Rule of Criminal Procedure 3.850 must be filed prior to the expiration of two years after a judgment becomes final. Typical grounds for seeking 3.850 relief include ineffective assistance of counsel. Relief can be granted where trial counsel failed to move to suppress illegally seized evidence or pursue a viable defense which if done would have likely resulted in a different outcome. Other grounds include fundamental constitutional claims and newly discovered evidence such as exonerating DNA.
A writ of habeas corpus is often filed by prisoners seeking release. A writ of habeas corpus is a court order to a prison official directing to bring an inmate to the court to determine whether that inmate is being imprisoned lawfully and whether he should be released. A habeas corpus petition must show that the court ordering the detention or imprisonment made a legal or factual error.
28 U.S.C. § 2254
Section 2254 permits a convicted state court defendant to challenge his conviction, judgment and sentence in federal court on constitutional grounds after unsuccessfully exhausting his constitutional claims available in the state court system (on direct appeal and/or state habeas corpus, 3.850 motion in Florida, review).
28 U.S.C. § 2255
Section 2255 is the flip side of § 2254 available to federal prisoners who wish to attack their federal convictions and/or sentences.
Modification of Sentence Pursuant to Title 18 U.S.C. 3582
Title 18 U.S.C. §3582(c)(2) permits the district court to resentence a defendant who was originally sentenced on the basis of a guideline which has subsequently been lowered and made retroactive by the United States Sentencing Commission.
Retroactivity is governed by the policy statement at U.S.S.G. §1B1.10. Section 1B1.10 specifically delineates the crack cocaine amendments as amendments which may be applied retroactively.
The vehicle for pursuing a resentencing, is by filing a motion pursuant to §3582(c)(2) in the district court where the original sentencing occurred.
Inmate Services
The Law Offices of Robert David Malove is equipped to assist federal defendants and inmates in need of any of the following services:
Federal Bureau of Prisons Review & Placement Assessment
500 Hour Residential Drug Abuse Program (RDAP) Consulting
RDAP/DAP Psychological Assessment
Institutional Transfers
Community Corrections Center (CCC)/Re-Entry Center/Half-Way House Placement;
Home Confinement Request
Compassionate Release Request
Mothers & Infants Together (MINT) Program Request
International Treaty Transfer
Commutation of Sentence Petition
Pardon Petition
Parole or Probation Release Petition
Furlough Request
For more information and immediate attention, call attorney Robert Malove at 954.745.5840.