I’d happily settle for just the gag order.
Well, since gag orders are generally imposed as a way to keep prospective jurors from becoming prejudiced about the facts for a pending trial, I’d say it’s highly unlikely at this point. But it’s nice to think about.
Nitpick. It’s not terribly unusual after a conviction to be placed into custody immediately, especially in Federal Court. It certainly happened to a couple of my clients. I would guess that in this case you are right, he’s been out of custody and compliant thus far and the judge will probably allow him to stay free until sentencing.
Just to keep the record straight, IANAL, either. But I did spend a lot of time in courtrooms working for judges.
I will always defer to your opinion as both a lawyer and one who practices before the federal bench! Thanks for the nitpick. I wish Bannon had been remanded, but it sounds like he wasn’t. It would be news by now if he was.
I would expect the passport thing (actually, it seems like it should be standard requirement for bail (or even released on own recognizance)), but why a gag orde<. Even if convicted of a felony (I believe he was facing misdemeanors?), once the trial is done, what reason is there to shut him up? Heck, let him yap, encourage it even - the prosecution could undoubtedly use it to show lack of remorse and push for the longest term available.
I did make that statement in my post #102.
That’s gold fringe on the flag!
I don’t understand why sentencing has to be so far off.
Here in Chicago, one of the biggest crooks - Ed Burke - was indicated 3-4 years ago, and I believe the trial is set to start sometime next year. Like I said, I don’t understand it.
What kind of penalties is Bannon facing for his crime?
Two different issues. Sentencing is frequently put off a few months for the Probation Department to do a per-sentence report. They’re pretty comprehensive, and I would guess they have a heavy caseload. Add in some conflicts in the Court’s or attorney’s schedule, and October seems about right.
A trial 3 to 4 years after indictment does seem long, but I’m hearing it’s up to 7 years in some places right now. I don’t get it either. Maybe the courts and prosecutors are understaffed. Maybe COVID. Maybe the defendants try to delay things as much as possible, hoping memories fade and witnesses move away. When I did criminal law, (decades ago now…) most trials were scheduled in 3 to 6 months and I almost all trials were wrapped up within a year. The exceptions were large conspiracies with lots of defendants and a ton of evidence to go through. I don’t now who Ed Burke is, but maybe that’s the kind of case he’s in.
Each count carries a minimum potential sentence of 30 days and a maximum of one year in jail, as well as a fine of $100 to $1,000.
Agreed, but this is a nonviolent misdemeanor, so It’s not too weird to let him stay out. There’s even some potential logic behind it - a person at sentencing gets credit for any time already served, so it wouldn’t make sense to keep a person in presentence confinement for possibly longer than he may actually be sentenced.
As I mentioned upthread, there’s a process that will need to be completed first.
Usually, that consists of a “presentence investigation”. This means an interview with the defendant by a probation officer, who will go over the person’s entire life history, education, employment, and family connections.
The probation officer will then try to independently verify the details, which will be turned into a written report.
As another part of that report, the probation officer will fill out a scoresheet. Some of the scoring is based on the crime, but there may be additions or subtractions based on other miscellaneous factors (e.g. one of the advantages of taking a plea is that you get 2 level deduction off for “taking responsibility”)
This entire report results in a recommended sentence, and is first sent to the parties, who have a chance to file objections. The probation officer will need to respond to these objections in writing prior to sentencing.
Additionally, the parties may file a motion to add to, or depart from, the recommendations. This will also be in writing and filed before sentencing.
It is at that sentencing hearing that the judge will consider these matters, hear additional argument, possibly hear from victims, and then deliver the sentence.
And since probation, the courts, and the lawyers have lots of other cases, that all takes time, which is why a sentence three months out is intended to let all of this pre-hearing stuff play out without anybody coming to court complaining that they need more time.
ETA: TL;DR - what Procrustus said
(From Turek’s link…)
Thanks.
That “potential” in there makes the minimum a little unclear. I hope he gets locked up for a spell, anyway.
It could be anywhere from 30 days to 2 years, depending on how the judge calculates it.
Guilty on 2 counts. 30 days to 1 year per count. Judge’s decision if it concurrent or consecutive.
So minimum 30 days, maximum 2 years.
Here in Texas, our State Attorney General, was indicted over seven years ago on Federal Securities Fraud. No trial has occurred. He continues to serve as Attorney General. He’s been credibly accused of pretty remarkable coruption since, including in a damning letter signed bya out half his staff, who were all fired.
Different laws for different folks.
I’m hoping for the long end of this, since shutting him up for any length of time would be a benefit to humanity as a whole.
I just saw Netflix has announced a new series for next year. “The Prison Diaries of Steve Bannon”.
Bannon will be played by the corpse of John Belushi.
If Shonda Rhimes is involved, I’ll give it a watch.