The recent case of a Pennsylvania man whose gun charges sentence was reduced by nearly four years because of a smart appellate attorney shows the importance of who you hire.
Los Angeles Criminal Defense Attorneys are committed to all aspects of your case, from the trial to the appeal. Everyone has a Constitutional right to have adequate representation at all stages of a case, including appeals in California. Gun charges can be charged by state or federal authorities and can put someone away for decades, depending on the severity of the charges and the person's criminal history.
In USA v. William West, the Pennsylvania man faced two separate gun possession charges in 2007. In one case, he was pulled over while driving and inside his vehicle police found a .45-caliber handgun in the glove compartment with cash and marijuana and a .38-caliber handgun in a backpack in the trunk. He was arrested.
Five months later, a local fire marshal doing a fire code inspection spotted a handgun in the man's apartment and alerted police. Police found that the gun had been reported stolen and the man was again arrested.
A federal grand jury then indicted the man on charges of possession of a firearm by a convicted felon and possession with intent to distribute marijuana. He pleaded not guilty, but federal prosecutors later filed against him a charge of receipt and possession of a stolen firearm, to which he pleaded guilty. In doing so, he admitted to possessing the .38-caliber gun found in the trunk only.
After a pre-sentence report was concluded by the probation department, the man's defense attorney objected to a four-level enhancement of his sentence for possessing a firearm "in connection with" another felony offense. In this case, it meant he possessed the gun, which was in the trunk of his car, "in connection with" the possession of marijuana in his glove compartment.
His trial judge denied the objection and sentenced the man to 120 months in prison. But on appeal, the Third Circuit Court of Appeals overruled the trial judge and said his sentence shouldn't have been increased by nearly four years based on the enhancement applied during sentencing.
What all of this shows is the importance of having a strong trial attorney and a strong appellate attorney in any criminal case. If the trial attorney hadn't raised the objection at the time of sentencing, it may not have been preserved for the appellate attorney to pursue. And had a lazy appellate attorney not seen the problem and pushed for another review by a different court, it's possible the man would have spent 10 years in prison.
Whether federal law or California law, appeals are complex and require an attorney who has years of experience handling specialized appeal filings.
If you need to speak with an appeals attorney in Los Angeles, contact the Law Offices of Stephen G. Rodriguez and Associates at 213-223-2173 for a free consultation.
Previous Blog Entries:
Phil Spector Appeal Denied; What You Need to Know About Your Right to Appeal a Conviction in California: May 4, 2011
Pimp argues pandering charges in Los Angeles don't apply to cases involving prostitutes: March 11, 2011
Fraud case upheld on appeal in Los Angeles, sentence delayed nearly 5 years: Jan. 29, 2011
