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Atlanta Criminal Defense Lawyer Blog

The “trial Penalty” and the Defendant Who Is Likely Not Guilty
Kish Law LLC

Attorneys who, like me, spend most of their time representing people accused of federal crimes know far too well what the academic researchers and writers call the “Trial Penalty.”  This is the well-documented aspect of the federal criminal justice system in which any person with the nerve to stand up to the federal government in…

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What to Expect on Your First Day in Federal Court: A Short Explanation of the “initial Appearance” and the “arraignment”
Kish Law LLC

It was a bad day recently here in Atlanta when I learned that some clients had been indicted for some federal crimes, even though we have been trying for years to convince the prosecutors that no charges should be brought.  Sometimes, criminal defense lawyers fail to adequately explain their clients about  the process that happens…

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Federal Criminal Investigations: What You Should Do When the FBI Shows Up at Your Door
Kish Law LLC

This happened recently to someone in Atlanta, but it also takes place everywhere else in Georgia, Florida, Alabama, North Carolina and all over the country.  The FBI or some other federal criminal investigation unit shows up at someone’s front door, wanting to ask questions and possibly to get the person’s cooperation.  What did that person…

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Mandatory Minimum Penalties in Federal Criminal Cases: Changes Over the Years
Kish Law LLC

I am reviewing the Discovery (meaning the evidence) in a somewhat old federal criminal case that has ties to both Atlanta and North Carolina.  My client is accused of a drug crime, and from the indictment and other materials it appears that the prosecutors contend that there is a mandatory minimum penalty of 5 years…

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Gotta Know When to Hold ’em, Know When to Fold ’em: Giving Defense Evidence to Prosecutors Before Indictment
Kish Law LLC

With apologies to the late great Kenny Rogers (who had a house not far from mine in Atlanta) ,  part of the federal criminal defense lawyer’s job is to decide whether or not he should turn over “good” defense evidence to a prosecutor BEFORE an indictment is issued in the hopes that no charges will…

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“But I thought Pot Was Legal Now?”– Marijuana Cases in Federal Court
Kish Law LLC

I have several federal criminal cases in Atlanta and other parts of Georgia involving allegations that my clients dealt in marijuana.  Some folks in other parts of the country also have contacted me recently about federal criminal prosecutions in states where the local laws permit personal use and state-sponsored sale of marijuana.  In virtually all…

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