How do the sentencing guidelines work in federal court? Am I eligible for probation?

The federal sentencing guidelines are complex, and one of the primary reasons you need a lawyer with experience in federal criminal defense if you are charged with a crime in federal court.

The sentencing guidelines calculate prison sentences using a table that includes factors such as 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. A judge typically will consider these guidelines while imposing a sentence.

In some circumstances, the judge can depart or vary upward or downward from the sentencing guidelines in a particular case. Downward departures are most frequent in cases where a defendant cooperates with the government by giving information regarding other people. Again, it is vital to retain a lawyer who works with the federal sentencing guidelines on a daily basis and is familiar with how the guidelines are applied and the exceptions to the guidelines.