Do Federal Felonies Always Result In Prison Time? Chris Combs and Andrew Russek, members of the top criminal defense firm Combs Waterkotte, talk about federal felony probation, sentencing guidelines, and the reasons behind them.
Interview Transcript
Scott Michael Dunn: Does every federal felony result in prison time?
Chris Combs: The answer to that is no.
However, you’re talking probation for first, second offenses– depending on what they are in the level of felony– in state court on a semi-regular basis. You’re not talking about probation very often in federal court.
Not saying we don’t get probation for our federal clients, but that’s just not common in federal court.
I mean, what would you say about that, Andrew?
Andrew Russek: I would agree with that for multiple reasons. Again, we’re talking about higher levels of mandatory minimums. We’re talking about stronger cases. But we’re also talking about the federal government is more selective in their cases. So you’re not, accidentally, oh, [catching] a DUI on your way home from the bar, and you otherwise have a great history, and the prosecutor cuts you a deal just to cut you a deal.
You’re talking much more serious investigations, meaning the government is that much more involved in it. So they’re more rigid because they’re taking everything just that much more seriously. Same thing for the judges,
Chris Combs: And they’re bound by the sentencing guidelines.
Scott Michael Dunn: Yeah.
Chris Combs: So that’s why there’s not as much negotiation in federal court. They’re bound by these guidelines.
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