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Law Offices of Harlan J. Protass, PLLC
Sentencing
Understanding federal sentencing law is critical for any individual or corporation evaluating potential courses of action in any criminal proceeding — before or after indictment. An ultimately favorable disposition requires intimate knowledge of the pre-sentencing process as well as the submission of a compelling sentencing memorandum.
Mr. Protass is recognized as a federal sentencing expert. He teaches sentencing law at the Benjamin N. Cardozo School of Law and operates the Second Circuit Sentencing Blog, in which he analyzes and comments on all sentencing decisions in New York, Connecticut and Vermont. He zealously and creatively represents those convicted of federal crimes in order to reduce penalties. Additionally, Mr. Protass is often consulted by other attorneys in formulating strategies to best serve clients' needs. Areas of expertise include:
Before a Finding of Guilt:
- Pre-indictment and pre-plea strategizing
- Assessing potential penalties
- Developing pre-plea mitigation arguments
After a Finding of Guilt but before Sentencing:
- Preparing client for presentence interviews
- Evaluating and submitting objections to Presentence Reports
- Developing sentencing strategies, including presenting relevant mitigation information
- Collecting materials for presentation in connection with sentencing memoranda
- Drafting/ghostwriting sentencing memoranda
Recent Sentencing Successes:
- Persuaded the Probation Department to reduce Guidelines offense level calculation by four offense levels, resulting in the imposition of a 60-month mandatory minimum term of imprisonment on a client convicted of internet solicitation rather than the recommended sentence of 97 to 121 months imprisonment.
- Presented evidence of extraordinary cooperation and rehabilitation, resulting in the imposition of a non-custodial sentence on a client who pled guilty to violent felonies, rather than the recommended sentence of 46 to 57 months imprisonment.
- Presented evidence of extensive cooperation and number of years that had passed since originally charged, resulting in the imposition of a non-custodial sentence on a client who pled guilty to securities fraud, rather than the recommended sentence of 27 to 33 months imprisonment.
- Persuaded Probation Department and Court to accept the defense's Guidelines calculation, resulting in the imposition of a non-custodial sentence on a client who pled guilty to structuring financial transactions, instead of the 10 to 16 months imprisonment recommended by prosecutors.
- Persuaded a court to impose a non-Guidelines sentence of 36 months imprisonment based on a client's history and characteristics and the nature and circumstances of the offense, where the client, who was convicted of securities fraud, faced a recommended sentence of 51 to 63 months imprisonment.
- Presented evidence of a client's extraordinary family circumstances and unique rehabilitation and achieved a sentence of one year and one day for client who pled guilty to embezzlement, where client faced a recommended sentence of 12 to 18 months imprisonment.
- Presented evidence of client's imprisonment for overlapping conduct and conditions of pre-trial detention, resulting in the imposition of a year-and-a-day sentence on client convicted of extortion rather than the recommended sentence of 33 to 41 months.
- Presented evidence of client's family circumstances and prior good works, resulting in the imposition of a non-custodial sentence on client convicted of false statements rather than sentence recommended by original charges of securities fraud and money laundering.
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Law Offices of Harlan J. Protass, PLLC
305 Madison Avenue Suite 1301 | New York, New York 10165
tel (212) 922-1080 :: fax (212) 949-8255 :: |
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