Q: I was recently adjudicated as guilty after pleading nolo contendre in a Topeka Kansas District court case involving
Selling securities without a license and using Skype from a Md office. The judge departed downward from 41 months in a severity level 4 crime to zero jail time , but three years of ISP in Md. also, joint and several restitution of $900,000 with 3 other defendants. The prosecution has file an appeal on the judges decision, asking that the case be remanded to the lower court for reconsideration Of the sentence.
Do I have any concerns? Do I need to hire a defense attorney for the appeal process? Do I need to do any specific work to help defense find departure results in previous case law?
Any other advice?
A: You need to have an experienced federal criminal defense attorney admitted to practice before the US Court of Appeals for the 10th Circuit. The attorney will do all the legal research. Most criminal defense counsel who practice in the federal courts will either handle appeals or will know others to refer you to.
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