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Board Certified Expert in Criminal Law by the Florida BAR


BENSON WEINTRAUB
federal sentencing attorney
articles: published & cited •  news and quotable •  education

Federal criminal defense attorney, Benson Weintraub, and his experienced staff are fully equipped to defend you in any serious state or federal criminal case.

Mr. Weintraub's approach to sentencing is driven by two decades of academic research and practical application of sentencing doctrine— pre & post Guidelines— in Federal Courts.

In the mid 1970’s, he was an activist with the emerging prisoners’ rights movement in Washington, DC and served as a lobbyist in improving conditions of confinement, advocating more rational correctional philiosophies.

When Benson completed law school, he pioneered the “specialization” of sentencing and post-conviction remedies as a free-standing law practice which became one of the earliest standard bearers in this previously bastardized field of law.

For the next 20+ years, Benson represented a wide range of high profile white collar and narcotics defendants, concentrating on his unique assets in the field of federal criminal defense, sentencing, direct appeals and post-conviction litigation, especially law suits attacking conditions in Special Housing Units (SHU) for those inmates presenting unarticulated “security concerns.”

In 2004, he accepted an appointment at Hofstra Law School to serve as a Visiting Professor of Law teaching legal writing, appellate advocacy and guest lecturing in Sentencing. He is recognized nationally as an academic expert in sentencing strategies and scholarship. His articles are widely published and cited by law reviews, including Harv. L. Rev., Yale L.J., FED. SENTENCING REP; and more recently, a published federal court decision.

  • Benson’s return to private practice has been characterized by successful post-Booker litigation in federal courts: sentencing and resentencing, plea strategies correlated with stipulated application of advisory Guidelines, direct and collateral appeals, Habeas Corpus: Motions to Vacate Conviction/Sentence, 28 USC §§ 2255, 2254, 2241; Mandamus; Criminal (pretrial and post-trial) Litigation; habeas corpus, including collateral review and conditions of confinement.

Supervised release-probation compliance counseling and violation proceedings; Administrative agency representation

Corporate Compliance programs under Sarbanes-Oxley and the Guidelines (Chapt. 8).

© Copyright 2006 Robert David Malove, PA. All Rights Reserved.
NOTICE: Nothing contained in this site is intended to constitute or provide any legal advice of any kind whatsoever or to create an attorney-client relationship of any kind and should not be relied on in making any decisions regarding your legal rights. Each case is factually and legally unique and consultation with an experienced white collar defense attorney is essential to properly evaluate and assess a particular person or company's unique situation. The results obtained depend on the facts of each case.