Defendants in federal criminal cases can have their sentences increased for conduct for which they were acquitted. The government is only required to prove by preponderance of the evidence that the defendant committed an illegal act. This circumvents the constitutional guarantee that people cannot be punished unless they are found guilty beyond a reasonable doubt.
The U. S. Sentencing Guidelines were amended last November and hold that the guideline range can no longer be based on "conduct for which the defendant was criminally charged and acquitted in federal court." Unfortunately, the Guidelines are only advisory and courts may still sentence defendants for acts where they were not found guilty by a jury.
It is critical that defendants hire aggressive, experienced federal criminal defense attorneys when they are being investigated or are charged with federal crimes. Defense attorneys who do not keep up with the latest developments in federal law cannot provide the service every defendant deserves.
