PLEASE NOTE: To protect your safety in response to the threats of Covid-19, we are offering our clients the ability to meet with us in-person, via telephone, or through video conferencing. Please call our office to discuss your options.

Tampa 813-345-4909 | En Español 813-390-2494
Orlando / Miami / West Palm Beach - 888-496-5916

Work with our firm to ensure trial issues are preserved for later appeal

A Florida woman who is currently serving a 21-year sentence for using other taxpayers’ identities to file false tax returns may be able to have her sentence reduced after a successful appeal of her case. The reason for the appeal in her case was that the judge made a sentencing mistake. Although she may be able to have her sentence reduced, the amount of the reduction—if indeed the sentence is reduced at all—is still to be determined.

The woman is scheduled to have a hearing with the trial judge on the correct application of federal sentencing guidelines in her case. Although it is possible that she will have her sentence reduced, it is also possible she could receive the same sentence because of the sentencing range attached to her offenses. 

The case is a reminder of why it is important to work with an experienced criminal defense attorney at trial and upon appeal. One of the tasks of a criminal defense attorney is to ensure that issues which arise during trial or in the sentencing phase, such as the application of federal sentencing guidelines, are preserved on the record so that they can be appealed and corrected later on.

There are, of course, a variety of procedural and substantive issues that can form the basis of an appeal. Those which are more difficult for criminal defendants to grasp are usually the procedural ones. Whatever legal issues the case may involve, an experienced criminal defense attorney is not only able to identify these issues as they arise, but to work at building a solid record at trial so that an appeals court is able to consider the issue later on.

The attorneys at our firm are committed to providing our clients with the best possible defense in every way possible, including building a thorough record at trial to preserve issues for appeal.

Source: The Tampa Tribune, “Tampa tax fraud ‘queen’ may have sentence reduced,” Elaine Silvestrini, Dec. 9, 2014. 

No Comments

Leave a comment
Comment Information
Mark J. O'Brien's cases have been featured in:
The New York Times | The Miami Herald | Bay News 9 | abc 7 | The Boston Globe | USA Today | Tampa Bay Times | FOX News Channel | The Washington Post | abc Good Morning America | Chicago Tribune | NT News Talk Florida | St. Petersburg Times | Deadspin
“Mark, thank you for everything. I will forever be indebted to you. You have stood by me and believed in me when it was not the popular thing to do. You are an amazing advocate.” Adam Filthaut
  • Former Partner at the Law Firm of Adams and Diaco (Robert Adams and Stephen Diaco)
  • MJ (Todd Schnitt) Morning Show/Bubba the Love Sponge Clem Trial
  • Attorney Phil Campbell DUI Setup/Florida Bar Trial
More Testimonials
American Association for Justice National Association of Criminal Defense Lawyers | NACDL 1958 Florida Association of Criminal Defense Lawyers | FACDL Super Lawyers AVVO | See Reviews LC | Lead Counsel Rated
Best Criminal
Defense Lawyers
in Orlando