Your Criminal History May Warrant a Downward Departure
There are instances where a downward departure may be warranted if reliable information from reliable sources indicate that your criminal history category substantially over represents the seriousness of your criminal history or even the likelihood that you would commit such crimes.
For example, if you have had two misdemeanors 10 years prior to the instant offense and no other prior criminal behavior, that can be a mitigating factor as to sentencing for the present offense.
As your federal lawyer, we fight on your behalf to get you the minimal penalties possible.
If you are a first time offender this departure will not apply according to United States v. Atondo-Santos , 385 F.3d 1199 (9th Cir. 2004), which held that a downward departure under the sentencing guidelines based on first time offender status is not warranted because the guidelines already take that factor into account.
As your attorney, we will provide to the court specific reasons why the applicable criminal history category substantially over represents the seriousness of your criminal history or the likelihood that you will commit other crimes.
There are some limitations and prohibitions that we will discuss with you further and let you know specifically if you would be eligible for a downward departure in regards to a present offense you may be facing.