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LAW OFFICES OF GARRY A. PAYTON WELCOMES YOU
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OUR LEGAL PRACTICES
How We Can Help You
Since 1995, the legal practice of Garry Payton has been dedicated to assisting individuals facing serious drug offenses. Notably, our firm has successfully represented clients charged with criminal drug conspiracy in both state and federal courts. Attorney Garry Payton has achieved victories in court trials involving criminal drug conspiracy and criminal drug possession with intent to deliver.
In May 2022, Attorney Garry Payton secured a significant triumph by obtaining a not guilty verdict for a client facing charges of criminal drug possession with the intent to deliver and other drug-related offenses. The client was confronted with the prospect of an 80-year incarceration. The jury found the client not guilty on all charges, leading to the immediate release of the client, and the bond was promptly refunded.
Furthermore, Garry recently achieved another remarkable victory in an attempted murder case, where the client faced an initial mandatory 26-year sentence. Garry's distinguished trial skills and consistent success rate have solidified his reputation. Following the trial, Garry once again secured a not guilty verdict for his client. After the not guilty verdict was entered the client who was a family man was released from custody and allowed to go home to his family
Attorney Garry Payton has been working in the criminal justice system since 1987 and has won hundreds of trials in the criminal courts system
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RULE 2255 MOTION
A sentence imposed in a federal criminal case may also be reduced pursuant to 28 U.S.C. § 2255 when the sentence needs to be vacated, set aside, or corrected due to constitutional violations.
A prisoner can claim a right to be released from prison if they were sentenced in violation of the constitution, if the court didn't have the authority to impose the sentence, or if their sentence was unlawfully excessive.
These type of claims normally include ineffective assistance of counsel either at trial or at sentencing or, in the case of an extremely harsh sentence imposed by the trial court, a claim of constitutionally excessive punishment in violation of the Eighth Amendment to the United States constitution.
Unless records indicate the prisoner is not entitled to any relief, the court shall will hold a hearing in order review the issues and facts in the case.
The reasons for a Rule 2255 motion will vary depending on the case, but a common reason is a claim their rights were violated due to ineffective assistance of counsel. It should be noted this type of motion is an uphill battle and not commonly granted.
A 28 U.S.C. § 2255 motion is a form of habeas corpus petition which is brought before the court which initially sentenced the defendant.
FEDERAL SENTENCING UPDATE: AMENDMENTS SCHEDULED TO TAKE EFFECT NOVEMBER 1, 2023
For the first time in five years, the United States Sentencing Commission has adopted proposed amendments to the Federal Sentencing Guidelines. These amendments are currently with Congress for a 180-day review period ending November 1, 2023. If Congress does not act to disapprove the amendments, they will become effective at that time. This article provides a summary of some important proposed changes.
THE FIRST STEP ACT
In 2018, Congress passed and then-President Donald Trump signed into law the bipartisan First Step Act, a sweeping criminal justice reform bill designed to promote rehabilitation, lower recidivism, and reduce excessive sentences in the federal prison system. Lawmakers and advocates across both political parties supported the bill as a necessary step to address some of the punitive excesses of the 1980s and 1990s.
The First Step Act includes a range of sentencing reforms which made the Fair Sentencing Act of 2010 retroactive, enhanced judicial discretion, created earned time credits, increased good time credits, reduced certain mandatory minimum sentences, and expanded the safety valve that allows persons with minor prior convictions to serve less time than previously mandated.
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