Are All Online Sales Governed by Federal Law?

Are All Online Sales Governed Under Federal Law? Navigating the differences between federal and state laws can get tricky, especially in the area of commerce and online sales. While it is well understood that each state has its own laws governing how and what people can buy and sell products or services, things get tricky…

Can I Be Convicted of Something I Did Not Know Was Illegal?

Can I Be Convicted of a Crime that I Didn’t Know Was Illegal? If you have every spoken with a criminal defense lawyer or judge, they would likely tell you that you cannot use ignorance of the law as a defense to criminal charges. Generally, this is not a controversial position. Except in rare cases…

How Does Drug Purity Impact Criminal Penalties?

How Does Drug Purity Impact Criminal Sentencing? If you were asked to consider what factors play a major role in criminal penalties for non-violent drug offenses, what would come to mind? You may already know that drug possession for personal use is a less serious crime than running an illegal business selling drugs. You may…

What are Mandatory Minimums?

What are Mandatory Minimums? When a person is convicted of a crime, the court has to then determine and order their punishment. In the federal court system, judges base their sentencing based on Federal Sentencing Guidelines, mandatory minimum sentencing, or a combination of both for the particular case. Sentencing guidelines are quite detailed and involve…

Challenging Sentencing Guidelines in Child Pornography Cases

Challenging Federal Sentencing Guidelines for Child Pornography Cases In a recent order filed on August 13th, 2021 by Eastern North Carolina U.S District Court, Superior Judge W. Earl Britt stated his policy disagreements with the relevant sentencing guidelines for a child pornography case, USA v. Jones, favoring a shorter sentence than what the guidelines provide.…