Law Offices of Jeffrey W. Jensen 735 W. Wisconsin Ave., Twelfth Floor Milwaukee, WI 53233
414.224.9484
Jeffrey W. Jensen is a criminal defense lawyer in Milwaukee, Wisconsin. He is also a criminal appeals lawyer in Wisconsin.
Today on The Jensen Defense
New Crack Cocaine Sentencing Policy in Federal Court
The Obama administration has recently sent a memorandum to Congress and to the Department of Justice establishing a new policy for sentencing on crack cocaine cases in federal court. In the memorandum, the president asks Congress to amend the Federal Sentencing Guidelines to create a 1:1 ratio between crack cocaine and powder cocaine. The weight of the drugs involved in a case establishes the offense level under the guidelines. In the past, the weight of crack cocaine was considered to be as much as 100:1 greater than the weight of powder cocaine. Put another way, a .1 gram rock of crack cocaine (a typical $10 rock) was treated by the guidelines the same as ten grams of powder cocaine. Critics of the policy complained that because crack is a drug that is used primarily in urban areas, the guidelines had a disparate impact on person in those areas. In March, 2008, the Bush administration reduced the ratio to 20:1. That change prompted an avalanche of motions to correct sentence filed by individuals already serving a crack cocaine sentence. If Congress follows the president's request, there is likely to be another round of motions to correct crack sentences.
The Supreme Court Significantly Curtails Auto Searches
In what may be a landmark decision, the United States Supreme Court overruled New York v. Belton and held in Arizona v. Gant that when police arrest the occupant of a motor vehicle the police may only search the area of the vehicle that is within the defendant's grasp and any other area for which there is probable cause to believe that there is evidence of the crime for which the defendant is being arrested. This is significant because if a defendant is, for example, removed from the car while a warrant check is conducted; and then the police determine there is a warrant to arrest the defendant for failing to appear in court (bench warrant), the police would not be permitted to search the vehicle at all. Where the defendant is out of the vehicle it is completely out his grasp area; and there could be no probable cause that the vehicle contains evidence of the defendant's failure to appear in court.
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We get a lot of questions about interlocutory appeals. Now you can get all of the answers right here at the Jensen Defense in this new article about interlocutory appeals. _________________________
Here's How . . . To Pass the Field Sobriety Tests: Nothing is more frightening than seeing the red and blue lights in your rear-view mirror. This article shows you how give your best performance on the field sobriety tests. ________________________________
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LEARN MORE If you need a criminal defense lawyer in Milwaukee, Wisconsin; or if you need a criminal appeals lawyer in Wisconsin you must consider the Law Offices of Jeffrey W. Jensen
Milwaukee criminal defense attorney Jeffrey W. Jensen, of the Law Offices of Jeffrey W. Jensen, a Milwaukee law firm with offices located at 735 W. Wisconsin Avenue, Twelfth Floor, Milwaukee, Wisconsin, has represented persons throughout the State of Wisconsin. If you will face felony charges in either state court or in federal court you should call 414.224.9484. Attorney Jensen regularly appears in Milwaukee County (Milwaukee criminal defense lawyer), Waukesha County (Waukesha criminal defense lawyer, Brookfield criminal defense lawyer), Washington County (West Bend and Germantown criminal defense lawyer), Racine County (Racine criminal defense lawyer), Kenosha County (Kenosha criminal defense lawyer), Brown County (Green Bay criminal defense lawyer), Fond du Lac County (Fond du Lac criminal defense lawyer), and Winnebago County (Oshkosh criminal defense lawyer)
The material on this site is a product of the Law Offices of Jeffrey W. Jensen. Unless otherwise noted it may be used for any legal purpose with attribution.
