Posted by Ken White in Federal
on Feb 11th, 2011 | Comments Off on Still Waiting For Federal Alternatives To Expungement
As criminal practitioners know, many states have well-defined procedures for expunging and sealing criminal convictions. California, for instance, allows defendants who have successfully completed probation in some cases to apply for reduction of charges and dismissal of their cases, a procedure that is routine and form-based in most California courts.
Federal defendants are not so lucky. There is no statute permitting dismissal or expungement of federal convictions. Federal defendants are generally restricted to three choices:
Seeking a Presidential pardon. Pardons are purely discretionary. ...
Posted by Tom Brown in Federal, Privilege
on Jan 26th, 2011 | 1 comment
It just became harder for the U.S. Department of Justice to prove a case of witness tampering. Now federal defendants may not be convicted of witness tampering under 18 U.S.C. § 1512(b)(1) unless the government can prove that the defendant does more than appeal to a person’s right to exercise a privilege not to testify. Rather, the government must prove some other wrongful conduct, such as coercion, intimidation, bribery, suborning perjury, etc. The new interpretation of the term “corruptly” will likely significantly aid defendants in other criminal prosecutions, such as tax...