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Atlanta Criminal Defense Lawyer Blog

Federal Criminal Law: Supreme Court Agrees That Defendant Should Not Get Longer Sentence
Kish Law LLC

Recently, the United States Supreme Court issued another ruling that impacts federal criminal cases. The issue in this recent case was whether the Defendant should get an automatic longer sentence that is imposed when “death results” from drugs that the Defendant sold. I previously posted about this case here, and the the recent decision (which…

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Trying to Kick a Judge Off a Case Is Difficult: The Eleventh Circuit Rejects Recusal Motion by Defendant Who Killed Another Eleventh Circuit Judge
Kish Law LLC

We do criminal cases here, that’s just about all we do, whether in federal court in Georgia, Alabama, Florida or other parts of the country, but also throughout the State of Georgia. Many times, clients feel that a particular judge will not be fair, and they want us to talk about getting rid of that…

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Search and Seizure in the Eleventh Circuit: Police Cannot Enter Apartment Without a Warrant but It’s Ok to Install Gps Monitor on Automobile if Cops Do So in “good Faith”
Kish Law LLC

Casual readers know that we try to keep abreast of federal criminal cases, including appeals of criminal convictions involving decisions where the issue revolves around whether a particular search or seizure of evidence falls within the Fourth Amendment. As many of us know, if evidence is seized in violation of the Constitution’s Fourth Amendment, such…

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Search and Seizure: How Far Does the Rule From Georgia v. Randolph Extend??
Kish Law LLC

Criminal cases involving search and seizures by police officers continue to bedevil the courts more than two centuries after the Fourth Amendment was added to our Constitution. As we all know, the Fourth Amendment says that there cannot be a “search” or a subsequent “seizure” of evidence unless there is a search warrant, or unless…

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Federal Criminal Appeal Explores Extent of “aiding and Abetting” Liability
Kish Law LLC

We do lots of federal criminal appeals, and one such case was argued earlier this week in the United States Supreme Court. The case is Rosemond v. United States, and it involves a question that comes up frequently in federal criminal cases. Federal prosecutors often try to hold one person accountable for the actions of…

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Plea Agreements in Federal Criminal Cases: The Importance of Getting It in Writing
Kish Law LLC

Criminal cases in federal court, as well as the many state court matters we handle, often are resolved with what many people refer to as a “plea agreement.” Basically, the prosecutor gives the Defendant something in return for a plea of guilty, such as a recommendation for a lower sentence, or an agreement to not…

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Federal Bribery/fraud Investigations: Lawyers Need to Keep Their Mouths Shut Occassionally
Kish Law LLC

A major federal criminal investigation is apparently brewing in the San Diego area. According to news reports, like this one, there are allegations and criminal charges being alleged against some high-ranking Navy officers, and the owner of a major Asia-based supplier of fuel for US ships. While this is still very early, the charges seem…

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Restitution for Federal Crimes: Supreme Court Agrees to Hear Case Involving Money Owed by Defendant Involved in Mortgage Fraud
Kish Law LLC

Federal criminal cases often result in a Defendant being sentenced to jail time, as well as being ordered to pay “restitution”. A 1996 law called the Mandatory Victims Restitution Act (or “MVRA”) says that when the victim of a crime is entitled to restitution for the loss of “property”, and it is impossible, impracticable, or…

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Federal Criminal Case Sent Back to Lower Court for New Sentencing Hearing: The Importance (Again) of Having a Lawyer Who Knows When to Object
Kish Law LLC

Any casual reader of this blog knows that I regularly discuss how important it is for people facing criminal charges to have an attorney who is creative, who is willing to fight for his or her client, and who knows when to “object” in court. Some lawyers fail to recognize that objecting to the prosecutor’s…

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“... the only lawyer to hire if you’re facing federal charges-he saved me from going to prison... don’t increase your risk of prison with someone who isn’t qualified or experienced in dealing with the federal government.” (Charges dismissed shortly before trial)

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M.S.

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