How do the sentencing guidelines work in federal court? Am I eligible for probation?
The sentencing guidelines are very complex and is the primary reason that you need a lawyer very experienced in federal criminal defense if you are charged with a crime in federal court. The sentencing guidelines calculate prison sentences using a table that takes into account, among other things: your criminal history, all of your criminal conduct, whether you accepted responsibility for the charges against you, and your role in the offense. The sentencing guidelines also determine if you are eligible for probation or home confinement (usually only those with no criminal history or a minor criminal history qualify for probation or home confinement). Generally speaking, a judge must sentence you in accordance with the sentencing guidelines and has very little discretion in setting your sentence. In limited circumstances, the judge can “depart” upward or downward from the sentencing guidelines in a particular case. Downward departures are most frequent in cases in which a defendant coop
