Your Sixth Amendment right to a speedy trial is among the most important protections that you have if you have been charged with a crime. The right to a speedy trial not only prevents the government from dragging its feet after charging you with a crime, but also eliminates the possibility of them charging you… Read More
Federal Trials
When Does Your Right to a Speedy Trial Come into Play?
One of the rights that the Sixth Amendment provides is your right to a speedy trial. While this right has been tempered – any delay has to have been caused by the government, has to prejudice your case, has to be uncommonly long, and you have to exercise your right to a speedy trial –… Read More
The Confusion of the Federal Sentencing Guidelines
One of the interesting intangibles of the federal criminal justice system has always been the uniqueness of each and every judge on the bench. Even though they strive to make the just and fair decision, they are not computers. What one judge might think is the best decision to make might not be what the… Read More
Suppressing Evidence Through the Fruit of the Poisonous Tree Doctrine
Getting charged with any crime is the beginning of an incredibly stressful endeavor. This is especially the case when the charge is for a federal crime, which often carries greater penalties if you end up getting convicted. With so much more at stake, it becomes more important than ever to fight against each and every… Read More
The Definition of “Beyond a Reasonable Doubt”
The legal world is full of complicated phrases, and even simple phrases that nevertheless hide numerous levels of complexities. From Latin phrases like “res ipsa loquitur” to word pairings that seem to repeat themselves, like “null and void” or “due process,” the law can seem like a needlessly confusing field. When it comes to criminal… Read More
Federal or State Court: Which One Will Try Your Case?
If you’re under suspicion or being charged with a crime, you might be wondering where your trial might take place. Federal and state court jurisdictions usually have some overlap, so which one will try your case? Knowing whether you’ll be charged and tried at the state level or federal level is important because the procedures… Read More
Changes To The Armed Career Criminal Act (ACCA)
Unites States Supreme Court case of Johnson v. United States, decided June 26, 2014, determined that imposing a sentence under ACCA’s residual clause violates due process. The definition of “any felony involving conduct that presents a serious potential risk of physical injury to another” requires a determination if it is, in fact, a violent crime…. Read More
Attorney Marcia Shein Pushes For A New Trial On Scott Davis Case
Above is the video from the CBS46 news update outlining Scott Davis’ case against misconduct within the Atlanta Police force as well as other law enforcement agencies and individuals. Case Background Scott Davis was tried and found guilty for the murder of David Coffin, Jr. in 1996. He was found dead with a gunshot… Read More
Can My Charges Be Reduced?
A common question we receive from clients who are facing criminal charges is, “Can my charges be reduced?” The short answer is yes, it is possible for charges to be reduced or even dropped. However, it bears some further explanation. When criminal charges are brought against you, they are brought by the prosecuting attorney, who… Read More