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Atlanta Criminal Defense Lawyer Blog

Sentencing for Federal Health Care Fraud Offenses: Court of Appeals Nixes Probation Even Though Doctor Paid Full Restitution and Performed Almost 400 Hours Community Service
Kish Law LLC

A decision from an Atlanta case that was issued last Friday once again demonstrates that sentencing hearings in federal criminal cases are amazingly complex, and can lead to surprises. In the case from last week, US v. Kuhlman, the Sentencing Guidelines called for a range of 57-71 months in custody. Prosecutors asked for 36 months.…

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Immigration Consequences of Criminal Convictions: U.s. Supreme Court Rules Padilla Not Retroactive
Kish Law LLC

In Atlanta, and across the country, representing clients in immigration removal proceedings with criminal convictions can be tricky. The recent U.S. Supreme Court decision in Chaidaz v. U.S., _____ U.S. _____ (2013), is bound to make things even trickier. Far too often, we come across the non-citizen client who has already accepted a plea in…

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Atlanta Federal Criminal Child Pornography Cases: Part of a National Trend
Kish Law LLC

Federal criminal charges are being brought against a series of Atlanta-based employees of schools. Here and here are some stories. We represent one of the people accused in these matters, which are very difficult to defend. These cases are part of an ever-expanding national trend. We have done many such cases, involving doctors, federal employees,…

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The Fourth Amendment in the Modern Age: Supreme Court Looks at Dna Samples Taken From Everybody Who Gets Arrested
Kish Law LLC

Here we go again, the intersection of the Eighteenth Century concept of privacy enshrined in our Fourth Amendment (no searches or seizures except when done pursuant to a warrant based on probable cause) versus the modern “CSI” world where investigators take biological shards to solve the most difficult of crimes. Today, the Supreme Court hears…

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Bankers Get Indicted: New Crimes Still Require Old Approaches
Kish Law LLC

More and more both here in Atlanta and around the country we see news stories about bankers getting indicted, financial professionals being accused of fraud, and other white collar criminal actions brought against people working in the financial sector. Also, in a recent post, I wrote about a federal criminal case where the indictment did…

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Federal Criminal Convictions Reversed Even When Lawyers Failed to Make Argument: No One Bothered to Look at Whether the Defendant’s Actions Were “contrary to Law”
Kish Law LLC

In an amazing opinion issued in Atlanta by the Eleventh Circuit, the court reversed a series of federal criminal convictions because the indictment did not even charge a crime. And, they did so even though none of the lawyers for either side bothered to address whether the indictment properly charged a federal criminal offense! The…

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Doctor and Pharmacist Prosecuted in Federal Court for Over-Prescribing Pain Pills: Eleventh Circuit Affirms Convictions
Kish Law LLC

My law partner, Carl Lietz, has previously had good results when we represented medical doctors accused of over-prescribing pain medication. He has written earlier posts on this subject. We are seeing more and more of these cases, as shown by recent press releases and news reports. Today, the United States Court of Appeals for the…

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U.s. Supreme Court Says That Double Jeopardy Clause Prevents Retrial When Trial Judge Erroneously Granted Acquittal at Defendant’s First Trial
Kish Law LLC

Both in federal criminal cases here in Atlanta and around the country, as well as in the state court proceedings we handle throughout Georgia, we occasionally deal with issues relating to “Double Jeopardy,” the portion of the Fifth Amendment that says prosecutors only get one bite at the apple. Yesterday, by a 8-1 vote, the…

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Supreme Court Decision in Federal Criminal Case: Court Sides With Defendant and Says That Police Cannot Search Person Who Left Scene Prior to Execution of Search Warrant
Kish Law LLC

Because we do lots of federal criminal cases, many of them here in Atlanta and throughout Georgia, Alabama and Florida, we therefore pay close attention to such matters when they work their way to the United States Supreme Court. One such case is Bailey v. United States, a situation we discussed in an earlier on…

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Client Reviews

"Amazing, Intelligent lawyer... I cannot recommend him enough". (Charges dropped)

A.K.

“My hero... he succeeded where other attorneys said there was no hope... ”. (Sentence of probation)

C. N.

“... 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)

P.P.

“Paul not only knows the law, but his research and grasp of the particulars of our son's case was utterly impressive. He is the most professional and ethical and tenacious lawyer I have ever come across... ” (Son's convictions reversed on appeal).

M.S.

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