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Old 01-30-2021, 09:11 PM
Remorseful900 Remorseful900 is offline
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Default Federal district pretrial diversion for wire fraud?

Does every federal district offer pretrial diversion, was curious about Ohio for wire fraud
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Old 01-31-2021, 05:51 AM
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Here's what the US Courts say about pretrial diversion. His federal Defender lawyer will know the probability of a pretrial diversion in that court, for those charges, and by that specific judge.
https://www.uscourts.gov/sites/defau...s/66_3_5_0.pdf
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Old 02-01-2021, 09:14 AM
bellisq bellisq is offline
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Pre-trial diversion may not involve the judge.Unfortunately, it is rarely used in many districts. There will be data on how many were granted in your area. Definitely go for it. It would be helpful for your lawyer to have a mitigation report if trying to get this. The AUSA is going to need to be persuaded. If it's a money crime, the amount matters, and payback matters too. But there are no rules. I worked on one case in the West where they allowed the request to stay open, undecided, checking on the individual every 6 months and the time limit ran out. Since a professional license was a big issue, this was important on a number of levels.

Last edited by bellisq; 02-01-2021 at 09:17 AM..
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Old 02-01-2021, 10:26 AM
Remorseful900 Remorseful900 is offline
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Can you explain what you mean by a mitigation report
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Old 02-01-2021, 10:46 AM
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Quote:
Originally Posted by bellisq View Post
Pre-trial diversion may not involve the judge.Unfortunately, it is rarely used in many districts. There will be data on how many were granted in your area. Definitely go for it. It would be helpful for your lawyer to have a mitigation report if trying to get this. The AUSA is going to need to be persuaded. If it's a money crime, the amount matters, and payback matters too. But there are no rules. I worked on one case in the West where they allowed the request to stay open, undecided, checking on the individual every 6 months and the time limit ran out. Since a professional license was a big issue, this was important on a number of levels.


Can you show me how to get the data for NDOH on how many federal diversion have been done
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Old 02-01-2021, 10:56 AM
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There is much information about pretrial diversion, including the mitigation letter, from a google search for "federal courts pretrial diversion mitigation report".
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Old 02-06-2021, 01:30 PM
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Mitigation is a catchall phrase. It's the relebant personal information that the defense (hopefully with the assistance of the Pre-Sentence Report) brings to the Court's attention to help lower the sentence. The information doesn't have to be positive, but needs to have an impact. There are no constraints to the type of info presented. Being truthful and helping the case are the criteria in my book.

The defense counsel usually writes a sentencing memorandum. The relevant history and mitigation info can be used in the memo as the underpinnings for a downward variance, which results in a lower sentence. I need to look up the most recent data, but I think over 40% of the cases go below the guidelines. More than half these cases involve formal cooperation, but a significant number do not.

Last edited by bellisq; 02-06-2021 at 01:32 PM..
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