January 2017 - Federal Criminal Law Center

My Case is Going to a Grand Jury. What Does That Mean?

Posted by Marcia Shein
On January 29, 2017
0 Comments
Federal Court Experience, grand jury trial

An important role of the federal criminal process is the grand jury. The main purpose of a grand jury is to decide whether an individual should be charged (or “indicted”) for a specific crime, usually only serious crimes. Because of the purpose of this proceeding, it is usually one of the first procedures in a […]

Stages of a Federal Criminal Case

Posted by Marcia Shein
On January 26, 2017
0 Comments
Criminal Defense, Federal Court, Federal Crime, Federal Trial

When beginning a federal criminal case, what often scares people the most is being unsure of what is to come, not only of the outcome but also the steps involved. This is a complex process and before you begin, you should have a complete understanding of federal criminal trials. Below is an order of events […]

Release from Imprisonment Pending an Appeal

Posted by Marcia Shein
On January 23, 2017
0 Comments
Alabama Criminal Appeals, Appeals, Bail, imprisonment

After a defendant is convicted and sentenced, the worry becomes time spent in imprisonment. What happens when a defendant has a case for an appeal? In some instances, defendants can be released from imprisonment on bail even after they have been convicted and sentenced, while they appeal their convictions. Rules of Detainment The federal rules […]

Exceptions to Miranda Rights

Posted by Marcia Shein
On January 20, 2017
0 Comments
Criminal Defense, Miranda Rights

In a previous article, we explored Miranda rights. As previously discussed, a police officer must read you your Miranda rights when you are in a custodial interrogation. However, there are certain exceptions to this general rule, which are highlighted below. Routine Traffic Stops for Traffic Violations A routine traffic stop does involve a significant restraint […]

What are My Miranda Rights?

Posted by Marcia Shein
On January 17, 2017
0 Comments
criminal defense attorney, Fifth Amendment/Due Process Rights, Miranda Rights

If you watch popular legal dramas, you might think that your “Miranda Rights” mean that you should not talk to police without a lawyer present, but there is much more to them. The following are your Miranda rights: You have the right to remain silent. Anything you say can and will be used against you […]

Can I Be Held in Jail While Awaiting Trial?

Posted by Marcia Shein
On January 14, 2017
0 Comments
Pre-Trial Detention

After most people are arrested and placed in a jail cell, one of their first thoughts is, “When can I get out of here?” After a defendant is arrested, he or she will attend an initial appearance as soon as is practical. Here, the defendant may be released or held in custody until the trial […]

Will it Be Illegal to Burn the American Flag?

Posted by Marcia Shein
On January 11, 2017
0 Comments
First Amendment, flag burning, freedom of speech

Often times when people read a tweet, they do not think much of it or its aftermath because many people use Twitter to voice their personal opinions and let off steam. However, that casual attitude may now be in the past as President Elect Donald Trump has been using his Twitter account to speak to […]

Banking Fraud: Who Must You Defraud?

Posted by Marcia Shein
On January 8, 2017
0 Comments
bank fraud attorney, Fraud, White Collar Crime

In Shaw v. United States, the U.S. Supreme Court held that a violation of the federal bank fraud statute does not require a finding of intent to defraud the bank. Here, Lawrence Shaw stole over $300,000 by using fraudulent personal information of another person to move money out of a Bank of America account into […]

Proffer Agreement in a Federal Criminal Case

Posted by Marcia Shein
On January 5, 2017
0 Comments
Attorney Marcia G. Shein, proffer agreement

A proffer agreement is a written contract between a federal prosecutor and a criminal defendant or someone who is under criminal investigation, in which the person accused agrees to provide the government with helpful information. The benefit to the accused is that the statements made will not be used against him or her in later […]

Police Cannot Stop Your Car and Search it Because You “Might” Be Texting

Posted by Marcia Shein
On January 2, 2017
0 Comments
distracted driving, Fourth Amendment/Unreasonable Search And Seizure

Similar to many states, Georgia law prohibits texting while driving. The law states that a driver may not operate his or her vehicle “…while using a wireless telecommunications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, or Internet data.” This law was […]