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STATE INDICTMENTS
While the federal laws and processes for grand juries and criminal indictments are fairly straightforward, state indictments are another matter. By definition, a formal indictment for a crime must come from a grand jury; but while the individual states all have provisions for grand jury indictments, the practice is only required in a fraction ofthe states.
GEORGIA STATE INDICTMENTSMOTION TO DISMISS
The Motion to Dismiss is a common pre-trial motion, used in both criminal and civil suits, that simply asks the courts to throw out the case. The law affords you certain protections when you’re charged with a crime: for example, you can’t be lawfully tried for a particular crime after a certain period of time has passed since thealleged
WHAT IS THE FIRST OFFENDER PROGRAM? The Federal First Offender Act (FFOA) is a unique probation program for the first-time offender. A person is classified as a first-time offender if he or she has been convicted of a crime for the first time. Being designated as a first offender offers a person the possibility to receive a more lenient sentence than someone with amore
WHAT HAPPENS IF YOU PLEAD NOT GUILTY? Once you have chosen to plead not guilty, your case will likely follow some critical steps: Trial date. A case will be assigned a pretrial or trial date following a not guilty plea. In some cases, a case might still be dropped even after a date is established. Type of trial. WHAT IS FELONY EXPUNGEMENT? Understanding the Process of Felony Expungement. Also called record sealing, felony expungement refers to the process by which felony charges are deleted from a person’s criminal record. Once an expungement is obtained it is like the offense never occurred. The possibility of obtaining a felony expungement depends on a number ofcircumstances
HOW STATES ARE ABLE TO LEGALIZE MARIJUANA Levels of Law Enforcement. States are able to implement laws that allow citizens to use marijuana, while also setting limits on the use. This would mean that no state, city, or county officer would impose Federal laws on citizens when those laws conflict with state, city, or county laws. However, Federal officers may impose those laws just as city, state, and county laws may be enforced when WHAT IF THE COURT DID NOT HAVE LAWFUL JURISDICTION TO The criminal justice system is indeed a complicated network, and while questions of jurisdiction are usually resolved in advance, it is possible to be convicted of a crime in a court that did not actually have lawful jurisdiction to decide your case. If this happens, there are a number of remedies available to your attorney, and the strategy she uses will generally depend on where you are on HOW DO I GET OFF THE SEX OFFENDER REGISTRY If you desire to do this, you need an expert criminal defense attorney to represent your interests to guide you through the nuances of the law and the paperwork involved. For help with applying to get off the sex offender registry, call the Federal Criminal Law Center at404.633.3797.
HOW CASES GET TO A FEDERAL COURT The Types of Cases Heard by Federal Courts. Federal courts only hear a limited number of cases. These include: Diversity. Cases that arise between the residents of two different states can proceed to federal court provided that there is more than $75,000 involved. Federalquestion.
STATE INDICTMENTS
While the federal laws and processes for grand juries and criminal indictments are fairly straightforward, state indictments are another matter. By definition, a formal indictment for a crime must come from a grand jury; but while the individual states all have provisions for grand jury indictments, the practice is only required in a fraction ofthe states.
GEORGIA STATE INDICTMENTSMOTION TO DISMISS
The Motion to Dismiss is a common pre-trial motion, used in both criminal and civil suits, that simply asks the courts to throw out the case. The law affords you certain protections when you’re charged with a crime: for example, you can’t be lawfully tried for a particular crime after a certain period of time has passed since thealleged
WHAT IS THE FIRST OFFENDER PROGRAM? The Federal First Offender Act (FFOA) is a unique probation program for the first-time offender. A person is classified as a first-time offender if he or she has been convicted of a crime for the first time. Being designated as a first offender offers a person the possibility to receive a more lenient sentence than someone with amore
WHAT HAPPENS IF YOU PLEAD NOT GUILTY? Once you have chosen to plead not guilty, your case will likely follow some critical steps: Trial date. A case will be assigned a pretrial or trial date following a not guilty plea. In some cases, a case might still be dropped even after a date is established. Type of trial. WHAT IS FELONY EXPUNGEMENT? Understanding the Process of Felony Expungement. Also called record sealing, felony expungement refers to the process by which felony charges are deleted from a person’s criminal record. Once an expungement is obtained it is like the offense never occurred. The possibility of obtaining a felony expungement depends on a number ofcircumstances
HOW STATES ARE ABLE TO LEGALIZE MARIJUANA Levels of Law Enforcement. States are able to implement laws that allow citizens to use marijuana, while also setting limits on the use. This would mean that no state, city, or county officer would impose Federal laws on citizens when those laws conflict with state, city, or county laws. However, Federal officers may impose those laws just as city, state, and county laws may be enforced when WHAT IF THE COURT DID NOT HAVE LAWFUL JURISDICTION TO The criminal justice system is indeed a complicated network, and while questions of jurisdiction are usually resolved in advance, it is possible to be convicted of a crime in a court that did not actually have lawful jurisdiction to decide your case. If this happens, there are a number of remedies available to your attorney, and the strategy she uses will generally depend on where you are on HOW DO I GET OFF THE SEX OFFENDER REGISTRY If you desire to do this, you need an expert criminal defense attorney to represent your interests to guide you through the nuances of the law and the paperwork involved. For help with applying to get off the sex offender registry, call the Federal Criminal Law Center at404.633.3797.
STATE INDICTMENTS
While the federal laws and processes for grand juries and criminal indictments are fairly straightforward, state indictments are another matter. By definition, a formal indictment for a crime must come from a grand jury; but while the individual states all have provisions for grand jury indictments, the practice is only required in a fraction ofthe states.
FEDERAL PRE-TRIALS
The term “pre-trial” is often used to describe the time frame between when you are formally charged with a crime and when your case is brought to trial. In federal cases, this window of time is often shorter than in state cases because the U.S. Attorneys have often conducted extensive investigations for months or years beforehand, andin
WHAT IS A PRE-SENTENCE REPORT A pre-sentence report is a report prepared by a probation officer after you have been convicted of a crime. This report contains contextual, historical and personal information about you that assists the judge in determining an appropriate sentence.. How Pre-Sentence Reports Are Prepared WHAT HAPPENS IF YOU PLEAD NOT GUILTY? Once you have chosen to plead not guilty, your case will likely follow some critical steps: Trial date. A case will be assigned a pretrial or trial date following a not guilty plea. In some cases, a case might still be dropped even after a date is established. Type of trial. SENTENCING AMENDMENTS Determining the Base Offense Level in Offenses Involving Crack Only. In 2010, the Fair Sentencing Act was passed to amend the Drug Quantity Table in §2D1.1 of the federal sentencing guidelines so that crack quantities triggering the five-and ten-year mandatory minimums are assigned base offense levels two levels lower than before. Under this so-called “Crack Amendment,” the base offense EASTERN TENNESSEE FEDERAL INDICTMENTS Generally speaking, federal indictments are determined by a grand jury within the district or division where the alleged crime (s) took place. In the case of East Tennessee federal indictments, these are determined by a grand jury of 23 individuals impaneled by the U.S. District Court for the Eastern District of Tennessee. HOW SERIOUS IS A PROBATION VIOLATION? The Severity of a Probation Violation. It is uncommon for a person who is convicted of a federal crime to receive a probation sentence without any other type of penalties, but it does happen. More often, though, a person is required to serve a probation term after being released from federal prison. Based on the severity of the offense ofwhich
DIFFERENCES BETWEEN A FEDERAL FELONY AND STATE FELONY Another significant difference between state and federal felonies is that federal felonies are often more serious than offenses charged by state courts. The penalties associated with federal crimes are often more severe than those that a person would receive after being sentenced by state courts. There are numerous other differencesbetween
MY CASE IS GOING TO A GRAND JURY A grand jury in a criminal case might hand a “true bill” down, which is a type of indictment when criminal charges are involved. When a grand jury hands down a “true bill” of indictment, the defendant is not automatically convicted of a criminal offense. Instead, the defendant must stand trial for the matter. Even if a jury votes not to THE CONSTITUTIONAL RIGHT TO BAIL The Constitutional Right to Bail. Bail is an agreement that the court will authorize a person’s release provided that the person promises to follow any conditions listed by the court. If a person fails to satisfy any of the terms of a bond, he or she will be returned to jailto await trial.
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FEDERAL APPEALS & FEDERAL PRE-TRIAL CASES If you have been convicted of a Federal Crime, you have the right to appeal the court’s decision. Our law firm has extensive and successful experience in submitting effective appeals that benefit the outcome of our clients. Prior to an appeals process, our team works tirelessly during the pre-trial phase to reduce charges against you, exclude unjust evidence, and if possible, avoid a trial altogether.FEDERAL APPEALS
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MEET _YOUR_ CRIMINAL DEFENSE ATTORNEYSMarcia G. Shein
Attorney Marcia Shein is a nationally recognized attorney in federalpre-trial
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Helping you successfully navigate the criminal justice system. Elizabeth A. Brandenburg Attorney Elizabeth Brandenburg represents clients for crimes throughout the state of Georgia and federal court, specializing in appeals and post-conviction litigation. She is an adjunct faculty member at Mercer Law School where she teaches advanced legal and appellate writing.read more >
cases won to-date
Thank you for all of your help, you two are by far the best in your profession. The courts may not review every case that passes through their jurisdiction, but this firm has provided me with the best legal assistance I’ve received since I’ve been incarcerated. I am already aware of my federal habeas petition, I don’t have any questions, I just wanted to show my appreciation, I always refer potential clients to your firm.- Richard B.
I am not a lawyer, so good help is helpful. In the two cases prior to the one documented above, I represented myself at Both Jury Trials. A concerned loved one hired Marcia Shein, after the second trial – who found that the trial proceedings legally mis-trialed due to interruptions and mis proceedings that entitled me to a New Trial. Marcia Shein was very helpful. Best in Georgia? Or Best in the South? Shes good.- Anonymous
I won’t go into detail about Ms. Shein’s impressive credentials. Rather I want to tell you how, as my criminal defense attorney, she is committed to me on a personal level. Unlike many attorneys, Ms. Shein actually CARES about her clients and what happens to them. To her, we are not simply “another inmate in prison”, rather we’re people too and we still have rights.- B.D.W.
Dear Marcia,
..."I appreciate all you've done for me over the years! I can never fully thank you and Elizabeth for your hard work and professionalism! It has truly been a pleasure getting to know you! I hope and trust I never have any need for your services again, but if someone close to me falls victim to the system...rest assured you'll hear from me!..."- Carlton D.
Ms. Shein represented my husband in a federal case. She is extremely knowledgeable about the federal process, has excellent communication skills, was very responsive and always follows up with any query or request. I would recommend her to anyone that requires legal advice orrepresentation.
- Cecelia W.
Not only is Marcia one of the most intelligent lawyers I have met, but she is filled with compassion. I have the utmost respect for her, for she tells it like it is. I always knew where I stood, and what my options were. I reside in Massachusetts and could not find anyone locally that knows more about post conviction as Marcia does. She is definitely a rarity. She will fight for everything you have coming and then some! To this day Marcia continues to answer all my emails and phone calls. I have never not received a response from Marcia herself. I have, and will continue to highly recommend Marcia to anyone in need of a top-notch federal criminal defense lawyer whether it be pre-trial, sentencing, appeals, or post conviction.- Christine
I can’t even begin to find the words to express my gratitude for all you’ve done for our family this past 14 months. I shudder to think where we may have ended up if he had not had you as his advocate, attorney and friend. We are all eternally thankful and feel that you will always be “family” to us. Thank you from the bottom of myheart!
- Darlene H.
Thank you for all of your help, you two are by far the best in your profession. The courts may not review every case that passes through their jurisdiction, but this firm has provided me with the best legal assistance I’ve received since I’ve been incarcerated. I am already aware of my federal habeas petition, I don’t have any questions, I just wanted to show my appreciation, I always refer potential clients to your firm.- Richard B.
I am not a lawyer, so good help is helpful. In the two cases prior to the one documented above, I represented myself at Both Jury Trials. A concerned loved one hired Marcia Shein, after the second trial – who found that the trial proceedings legally mis-trialed due to interruptions and mis proceedings that entitled me to a New Trial. Marcia Shein was very helpful. Best in Georgia? Or Best in the South? Shes good.- Anonymous____
IN THE NEWS
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Attorney Marcia Shein talks about the Andrea Sneiderman Case*
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Attorney Marcia Shein Addresses the George Zimmerman Verdict*
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See Marcia Shein on CBS46 discuss pushing for a new trial in theScott Davis case.
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