American Litigation Consultant LLC

We have over 33-years experience in State and Federal Sentencing Guideline litigation and are in your corner from day one where we will not only guide you through the very confusing judicial system but ensure that you understand each step in the process and what avenues you have available to reduce your sentence exposure.

As Guideline specialists we understand the guideline application and mitigating factors that will reduce as well as aggravating factors that can increase your sentencing exposure. We stay informed on daily court opinions as well as guideline amendments that will have an impact on the sentence you will face if convicted of the crimes you have been charged with. This is a task that most attorneys don’t have time to do. It is after all, your attorney's job to try and beat the charges filed against you, that is what they are trained to do. Our job is to determine what guideline applications will be in your best interest, and get you home as soon as possible if you are eventually convicted. We also prepare you and your family for this devastating experience, as the Fourth-World that you could be entering is nothing like the World you have experienced.

According to the Bureau of Justice Statistics about 95% of cases are disposed in Federal Court by a Guilty plea. However, in many cases the defendant’s don’t actually receive the bargain they expected because their attorney either through ignorance or laziness did not understand the guideline system. We recommend that all our clients do a pre-plea PSR, which is based on the charges lodged against you, your involvement in the alleged crime, your personal, educational, and criminal history as well as family, work, mental health, and community history all of which may be considered as mitigating factors by the court. We than draft a pre-plea PSR that will show you exactly where you stand as far as sentencing exposure is concerned. What does this do for you? It allows you to determine what is best for you, should you go to trial or enter a guilty plea. The criminal Justice system in the United States today bears little relationship to what the Founding Fathers contemplated, or what the movies and television portray, and what the average American believes. To the Founding Fathers, the critical element of the system was the trial by jury which served not only as a truth seeking mechanism and a means of achieving fairness, but also as a shield against tyranny. As Thomas Jefferson famously said, “I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” In 2013, while 8% of all federal criminal charges were dismissed either because of a mistake in fact or law or because the defendant had decided to cooperate, more than 97% of the remainder were resolved through plea bargains and fewer than 3% went to trial. Plea bargains largely determine the sentence imposed if properly drafted. Plea-bargaining is a defining, if not the defining, feature of the federal criminal justice system. In plea-bargaining, a defendant is faced with a charge at arraignment; typically the court explains the charges against them and what the statutory minimum if applicable and maximum sentence is. These sentencing ranges can vary from a low of 0-years to Life imprisonment. What he or she doesn’t explain to you is that every criminal offense and possible sentence is going to be based on a Sentencing Guideline calculation, which is the starting point that the court must consider. Than they negotiate an agreement that should be, but is not always binding on all parties, including the Courts.

Within the Federal Sentencing Guidelines there are approximately 42 base offense levels and six criminal history categories that apply depending on the crime charged and the circumstances of a specific case. Once your base offense level and criminal history category is established then it can be increased or decreased depending on mitigating factors in order to determine what your actual sentencing exposure will be. We use the same formula that the government will use after you are either found guilty or plead guilty in order to determine what your sentencing exposure is. The difference is that we do this before you enter into any plea agreements so that based upon our finding you can present a much better argument to support your proposed plea agreement which is also drafted by us and presented to you and your attorney for consideration. We do this based on our experience and understanding on what will and will not be acceptable to the government, and with the understanding that nothing in life is guaranteed. If you have a hard headed prosecutor who is more interested in establishing a reputation than moving a case along, than we suggest that your attorney present his offer to a higher authority who is really the final decision maker. Assistant United States Attorneys are not in a position to authorize any plea agreements; this is a fact that unfortunately, too many attorneys don't understand or too afraid to advocate for your best interest.

The best decisions in life are made when you are informed of every aspect related to an event that will affect not only your life, but also the lives of your family. Knowledge is after all, the key to success in every aspect of life when applied. With our assistance you will enter the judicial system with a clear understand of the consequences of your decisions, the sooner we are on your team the better off you will be. Call today and for those incarcerated, add us to your corrlinks account where you will receive our weekly updates of court opinions from across the Country that may seriously affect your future and the decisions that you make free of charge.

Respectfully,

CEO Paul Tallini