Criminal Defense

Recent Cases

Federal Appeals Court Expands Number of Inmates Eligible for Compassionate Release and Sentence Reductions

September 27, 2020
The U.S. Court of Appeals for the Second Circuit ruled today that district courts have broad discretion to determine what circumstances constitute “extraordinary and compelling circumstances” that warrant an inmate’s release from prison or sentence reduction. The First Step Act of 2018 amended 18 U.S.C. § 3582(c)(1)(A), the statute allowing courts to reduce an inmate’s […]

Our firm wins release of inmate based on COVID-19 and excessive sentence

September 16, 2020
Yesterday, Senior U.S. District Judge Orinda Evans granted our firm’s motion for compassionate release and released our client from prison after he had served 15 years of a 64-year sentence. We requested his immediate release based on his pre-existing medical conditions, which increased his risk of severe illness from COVID-19. We also challenged the excessiveness […]

What is a Geofence Warrant and is it Constitutional?

September 1, 2020
Based on a recent federal district court decision, “geofence search warrants” for Google location data are subject to being challenged as an unconstitutional violation of privacy. The judge in that case refused to grant the warrant because it was too broad and violated the Fourth Amendment protection against unreasonable government searches and seizures. What is […]

Our firm wins “compassionate release” for BOP inmate who tested positive for COVID-19

July 3, 2020
After two court hearings and hours of arguing with prosecutors, our firm succeeded in persuading a federal judge in San Diego to grant our client’s motion for an early release from prison. Our client will soon be reunited with his family and serve the rest of his sentence on home confinement. Our client has significant […]

What happens at a bond hearing?

May 27, 2020
Attorney Page Pate explains what happens at a bond hearing and how someone can be released from jail pending trial in a serious criminal case     TRANSCRIPT: When someone has been arrested and taken to jail, the very first thing they want to do is to get out of jail. And that’s totally understandable. […]

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