Sentencing Issues And Alternatives

Sentencing for federal crimes and state crimes is a complex process involving many factors. Not all individuals charged with a specific crime will receive the same sentence.

At Kaplan Marino, our expertise in sentencing matters is widely acknowledged:

  • Methodical approach: We regularly employ a methodical and thorough approach to discovery of all information of benefit to our clients in the sentencing process.
  • Working with probation officers: We seek to educate probation officers as they prepare their reports to the court in order to portray our client in his or her best light.
  • Collateral consequences: We are always mindful of the collateral consequences, such as immigration consequences and professional consequences, that our clients may face in a criminal matter. We work closely with the client to create the least restrictive sentence that allows them to move forward with their lives.
  • Sentencing alternatives: We seek out nonconforming sentencing alternatives, and we are proficient at presenting this information to the court. Sentencing alternatives may include:
    • Community service
    • Payment of fines
    • House arrest
    • Rehabilitation programs
    • Sober living houses

At Kaplan Marino, we are accomplished at deciphering sentencing guidelines and statutes, researching case law and drafting sentencing memorandums that incorporate the most successful arguments to fully mitigate any and all sentencing consequences faced by our client.

Questions About Sentencing Issues And Alternatives?

Do not hesitate to contact our attorneys. Either complete our online contact form or call us at 310-557-0007 .


Representative cases

Our client was charged in a health care fraud case involving millions of dollars in losses. The client had a significant criminal history. We successfully obtained a sentence which did not include any custodial time in prison. Ten years later, this same client was again accused, this time for government theft. By carefully investigating and documenting his very serious and varied medical conditions, we were again successful in keeping this client with his family.

Our client, a university student, was charged with computer and IP crimes for his disbursement of satellite TV blueprints on the Internet, which caused millions of dollars in losses. As a result of our skillful negotiation with the Office of the United States Attorney regarding important aspects of both the crime and our client, our client received a probationary sentence.

Our client was convicted in a jury trial of satellite piracy. We were retained by the client for sentencing. Over the strenuous arguments made by government attorneys, due to the successful and meaningful arguments presented to the court at sentencing by our attorneys, our client was sentenced to probation. This sentence was affirmed on appeal, and remains one of the seminal cases involving probation for white collar crimes in the Ninth Circuit.

Our client was arrested and charged with felony hit-and-run while under the influence of alcohol. The person hit by our client’s car suffered severe injuries. Our client was sentenced to probation and community service, and was ordered to complete an alcohol program. Our client served a total of only four days in jail.

Our client, a university student charged with criminal threats with a firearm at a fraternity party shortly after the Virginia Tech massacre, was granted probation. This case is particularly illustrative of our awareness and focus on potential collateral consequences in that this client was not a United States citizen at the time, and a conviction involving prison time would have secured his deportation. This case is also particularly illustrative of our tenacious efforts at uncovering all relevant facts in order to fully and completely represent our clients to the best of our ability and in their best interests.