Rape and kidnapping accusations recanted

  • Posted by Marcia Shein
  • On May 31, 2012
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In 2002, a well-regarded high school football player hoping to play college football faced arrest and criminal charges of rape and kidnapping. A female classmate in summer school claimed that he forcibly took her to a stairway at the school and compelled her to have sex with him against her will. He proclaimed his innocence, […]
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Former Georgia prosecutor arrested on drug charges

  • Posted by Marcia Shein
  • On May 29, 2012
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In both the state and federal criminal justice systems, prosecutors have a great deal of decision-making power. Prosecutors have wide discretion in determining which charges to bring, what evidence and arguments to present during a criminal trial, and whether to offer a plea agreement as well as what form that agreement might take. Now, some […]
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Should a mandatory minimum sentence lead to a life in prison?

  • Posted by Marcia Shein
  • On May 25, 2012
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Georgia and other states have begun to enact reasonable sentencing reforms for non-violent offenders. But the mentality of gaining political points by being tough on crime still exists in many quarters. The mandatory federal prison sentences enacted by those espousing that mentality are still imposed against many Americans. In one recent example of the sometimes […]
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Federal investigators considering charges against egg producers

  • Posted by Marcia Shein
  • On May 23, 2012
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Every business owner and high ranking employee is faced with a broad spectrum of decisions each day. This plethora of decisions may range from minor tweaks of internal policies to major commercial actions such as a merger or acquisition. In all of these, decision makers must consider the both the long and short-term health of […]
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Georgia police raid two residences in search of illegal drugs

  • Posted by Marcia Shein
  • On May 18, 2012
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Prosecutors are eager to tack on any additional criminal charges that they believe they can make stick. Even if it turns out that they would not be able to prove these charges in a criminal trial, the charges can serve as leverage during plea negotiations. By combining a number of different criminal charges the prosecutors […]
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Federal court says police cannot enforce law banning the tape recording of arrests

  • Posted by Marcia Shein
  • On May 15, 2012
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There are many factors that could be important when defending oneself from criminal charges. Among these, the circumstances leading up to and including the arrest itself and any associated search and seizure are central to determining if evidence was illegally obtained. Those circumstances can also demonstrate whether the police had probable cause to initiate the […]
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The fallibility of criminal trials and the right to appeal

  • Posted by Marcia Shein
  • On May 11, 2012
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There are few, if any, more powerful entities in American society and government than the criminal justice system. It has the power to deprive people of their freedom, their assets, and in some cases, even their lives. With this tremendous power over people’s lives, it is easy to understand the importance of due process and […]
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Transitioning from being ‘Tough on Crime’ to being ‘Smart on Crime’

  • Posted by Marcia Shein
  • On May 8, 2012
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It is rare for the Georgia legislature to provide unanimous bipartisan approval for a major change in public policy. But so dire was the need for reform in the criminal justice system, that the final version a major sentencing overhaul bill passed both chambers unanimously. The new policy reduces or eliminates prison sentences for many […]
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More than 100 face federal charges in Medicare fraud investigation

  • Posted by Marcia Shein
  • On May 4, 2012
  • 0 Comments
Yesterday, 107 individuals around the country were charged with Medicare fraud. Federal officials claim that the nationwide investigation and crackdown discovered more than $450 million that had been improperly billed to Medicare, making it the largest Medicare fraud investigation ever. While the investigation was part of a coordinated effort, the suspected fraud schemes discovered by […]
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Sentences handed down in alleged mortgage fraud

  • Posted by Marcia Shein
  • On May 2, 2012
  • 0 Comments
In the wake of the housing crisis, federal regulators and law enforcement officials are carefully scrutinizing home equity loans and other transactions that could be related to potential fraud charges. In some cases, individuals who were only tangentially involved in one of these suspected schemes may not even have known about the scheme’s existence. Recently, […]
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