January 6th Client Receives No Jail Time, Despite Guidelines Recommendation Of 15-21 Months Imprisonment
After lengthy negotiations with prosecutors, the client pleaded guilty to a felony offense connected to the January 6 riots at the Capitol. The client spent nearly an hour inside the Capitol, yelled and shouted profanities at Police Officers, and disposed of evidence. During the sentencing phase, the presentence report recommended a sentence of 15-21 months of active jail time. The prosecuting attorney argued at length that, given the events at the Capitol, the client's long presence within the building, combined with his obstructive behavior with the Capitol police, the client needed to spend some significant time in prison: Indeed the prosecutor called client's actions on Jan. 6 “unconscionable” and “a stain on this country's narrative.”
Attorney Deubler thoroughly prepared for sentencing by conducting research, gathering relevant mitigation evidence, and drafting a thorough sentencing argument—all arguing for a probationary sentence. After reading Attorney Deubler's sentencing arguments, the sentencing judge stated in Court that “If ever a case screamed out for probation, this is it.” When Deubler described the Client as a “flawless probationer,” the judge agreed. Following a lengthy hearing, the Court granted Attorney Deubler's request for a sentence of probation. The client was spared any incarceration and was allowed to walk out of the Courtroom that day and go home to his family.
Practice area(s): Criminal Defense