From Marcia’s interview for the Masters of the Courtroom series on ReelLawyers.com.
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Federal Criminal Law Group and the Law office of Marcia G. Shein provides representation in federal trial, plea bargaining, sentencing mitigation, objections to the government’s presentence report, guideline departure and variance mitigation sentencing memorandums, trial and sentencing appeals, and post-conviction relief pursuant to 28 U.S.C. 2255 and 2241 petitions.
Attorney Shein has served as an adjunct instructor of legal and psychology courses for the Criminal Justice Programs for Broward Community College and Nova University in Florida, and Troy State University in Alabama, and Kaplan University in Chicago.
Attorney Shein is a nationally recognized attorney in federal pre-trial, sentencing, appeals and post-conviction relief whose articles, and personal interviews have been published in numerous state and national law journals. She has provided testimony before the United States Sentencing Commission and has spoken before state and national bar conventions, civic groups, and on radio and television. She has published many articles and texts on Federal criminal defense issues.
Attorney Shein is also a life member of NACDL (National Association of Criminal Defense Lawyers) and past president 2013 for the Georgia Association of Criminal Defense Lawyers (GACDL). She is admitted to practice in all Federal Circuit Courts of Appeal, the Supreme Court of Georgia, and the United States Supreme Court. Her practice has taken her to Federal Courts throughout the United States representing clients in complicated federal CP, fraud, drug and white collar cases.
Articles and Publications
- THE CHAMPION MAGAZINE, Jan/Feb, 2014, THE GOVERNMENTS USE OF LOST EVIDENCE.
- ASPATORE BOOKS, INSIDE THE MINDS, LITIGATION STRATEGIES FOR INTERNET PORNOGRAPHY CASES, 2012, Chapter author of Unique Trends and Challenges in Defending Internet Pornography Cases.
- THE CHAMPION MAGAZINE, May, 2011, article entitled The Changing Landscape of Sentencing Mitigation In Possession of Child Pornography Cases
- THE FEDERAL LAWYER, September, 2010, Volume 57, Number Eight; Post-Traumatic Stress Disorder in the Criminal Justice System: From Vietnam to Iraq and Afghanistan
- FEDERAL CRIMINAL LAW INMATE HANDBOOK, 2013 Updates.
- PRISON LIVING MAGAZINE, Volume 3, Issue 3, 2009, article entitled Different Formulas For Determining Loss (Relevant Conduct in Federal Cases)
- PRISON LIVING MAGAZINE, Volume 2, Issue 4, 4th Quarter, 2007, article entitled Fourth Amendment and Exclusionary Rule
- PRISON LIVING MAGAZINE, Volume 2, Issue 3, 3rd Quarter, 2007, article entitled Plea Agreement Pitfalls and Minefields
- CULTURAL ISSUES IN CRIMINAL DEFENSE, 2nd Edition, edited by Linda Friedman Ramirez, published by JURIS. July 2007 to present, Chapter 16 author on Cultural Issues in Sentencing
- THE CHAMPION MAGAZINE, April, 2007, article entitled Race and Crack Cocaine Offenses: Correcting a Troubling Injustice Post-Booker
- THE FEDERAL LAWYER, May, 2004, Cover Story; The Federal Sentencing Guidelines: A Troubling Historical Perspective.
- NEWSWEEK, March, 2004, quoted in article entitled Martha’s Fall.
- THE CHAMPION MAGAZINE, July, 2001, article entitled Apprendi Arguments of Jurisdiction and Retroactivity, GRID & BEAR IT.
- COVER STORY – Sizing Up Sentences – AMERICAN BAR ASSOCIATION JOURNAL INTERVIEW regarding Inconsistent Use of Money Laundering Charges in Fraud Cases, Vol. 85, November, 1999.
- CULTURAL FACTORS IN CRIMINAL DEFENSE, present, Author, Chapter 12 Cultural Differences in Sentencing. Developed by Federal Public Defender’s Office in Las Vegas, Nevada, René L. Valladares
- SENTENCING DEFENSE MANUAL, published by West Group. Author Marcia G. Shein. 1988 to 1998, received prestigious award for Best Legal & Accounting Text, American Publishers Association
- PRISON LIFE MAGAZINE, June-July, 1997, article entitled Habeas Corpus Reform & Ineffective Assistance of Counsel: Last Bastion of Hope or Defense Attorneys’ Worst Nightmare? 1997
- CRIMINAL JUSTICE MAGAZINE, American Bar Association; article entitled Sentencing Manipulation and Entrapment, Courts Are Wary, But Admit the Possibility, Fall, 1995.
- THE CHAMPION MAGAZINE, National Association of Criminal Defense Lawyers, A ‘Knowing, Intelligent and Voluntary’ Plea: The Justice Department’s Latest Oxymoron, Jan./Feb. 1995
- CRIMINAL JUSTICE MAGAZINE, American Bar Association; article entitled Racial Disparity In Crack Cocaine Offenses.
- THE ADVOCATE, published article entitled The Criminal Defendant and Cooperation.
- CRIMINAL JUSTICE MAGAZINE (American Bar Association), 1991 published article entitled Get the Agreement In Writing First. (Plea Agreement and Cooperation).
- Criminal Law Section Newsletter (The Florida Bar), Calendar Call (State Bar of Georgia), published article entitled The Criminal Defendant and Cooperation.
- Criminal Law Bulletin, published article entitled 1988 Sentencing Drug Offenders: The Need to Sensitize the Sentencing Judge.
- The Verdict, GTLA, published article entitled Second Draft of Sentencing Guidelines Paints Dim Picture.
- The Champion, NACDL, published article entitled Sentencing Reform. 1984-1987
- National Law Journal, published article entitled Sentencing Act’s Stated Goals Seem Lost in New Draft Guidelines.
- Inside Drug Law and Texas Voice for the Defense, published article entitled Preponderance of Evidence in Criminal Law: The Double Standard.
- Contributed written testimony and appeared before the U.S. Sentencing Commission on Offender Characteristics for NACDL Sentencing Commission Liaison Committee.
- Voice for the Defense, published sentencing reform article entitled A Homeland of Confusion: A Heartland of Opportunity.
- The Georgia Defender, published article entitled 4205(b)(1), The Forgotten Sentence and No Prison Camps for Women.
- The Georgia Defender, published article entitled Comprehensive Crime Control Act of 1984 and Rule 35 Changes.
- Inside Drug Law, published article entitled 4205(b)(1), The Forgotten Sentence 1985.
- The Champion, NACDL, Silver Anniversary issue, published article on the Federal Sentencing Memorandum: A Different Perspective.
- Texas Voice for the Defense, article entitled Minimum Mandatory Sentencing Laws.
Speeches and Interviews
- SPEECH, National Association of Criminal Defense Lawyer’s 7th Annual Forensic Science & the Law Conference, Las Vegas, NV, MAKING SENSE OF SCIENCE VII; Lost Evidence & Expert Testimony: Litigating Collection and Preservation Issues, May, 2014.
- SPEECH, Georgia Association of Criminal Defense Lawyers: Attacking the Case Once It’s Been Lost, November 2012.
- SPEECH, Georgia Association of Criminal Defense Lawyers: Anticipating Federal Sentencing Mitigation and Appeal Issues at Trial, November 2010.
- SPEECH, Tennessee Association of Criminal Defense Lawyers: Federal Plea and Sentencing: Case Law, Legislation, and Guidelines Updates, June 2010.
- SPEECH, National Association of Criminal Defense Lawyers, Defending Drug Cases, Las Vegas, NV, Sentencing Issues in Drug Cases: Plea Agreement, Mitigation, and Updates, November 2009.
- SPEECH, National Association of Criminal Defense Lawyers, Georgetown Law University, Washington DC: Updates on Federal Sentencing Mitigation in White Collar Cases, November 2008.
- SPEECH, Georgia Association of Criminal Defense Lawyers: Update on Federal Sentencing Amendments and Issues, April 2008.
- SPEECH, Georgia Association of Criminal Defense Lawyers: Sentencing Mitigation and Beyond- Principles of Booker that Work, 2006.
- SPEECH, Orlando Bar Association: Using Sentencing & Post Conviction Mitigation Attorneys as Part of the Defense Team, 2003.
- NORML CONVENTION, Key West, Florida, December, 1998, Speech on Post-Conviction Remedies in Federal Court.
- TENNESSEE BAR ASSOCIATION, concerning “Sentencing Mitigation & Habeas Corpus Reform: Hope Needs A Life Jacket” August, 1998.
- FLORIDA BAR ASSOCIATION, Miami, Florida, update on Federal Sentencing Guidelines 1994.
- MILWAUKEE BAR ASSOCIATION, Federal Sentencing & Guideline Issues, Milwaukee, Wisconsin, 1995.
- NACDL Lobbying, Washington, D.C., concerning 1994 Crime Bill.
- LAWYERS WEEKLY, Interview entitled Truth In Sentencing — Can Defendants Tell Jurors About Their Sentence?
- NAACP speech entitled Sentencing and Appellate Mitigation and Federal Sentencing Guideline Amendments, United States Penitentiary, Atlanta, Georgia, 1996.
- National Association of Sentencing Advocates (NASA) speech entitled Preventing Plea Agreement Problems.
- National Organization For Reform of Marijuana Laws (NORML) speech entitled Using Federal Sentencing Alternative Specialists Under the Federal Sentencing Guidelines To Obtain Downward Departures.
- Alabama – Criminal Defense Lawyers Association; speech entitled How To Get Downward Departure Under The Federal Sentencing Guidelines.
- TESTIFIED before Federal Sentencing Committee as Chairperson for the Sentencing and Post Conviction Committee of NACDL regarding 1992 Federal Sentencing Amendments.
- Speaker Georgia Criminal Trial Lawyers Association, Savannah, Georgia on Sentencing Reform: The Good, The Bad, and The Misunderstood.
- Guest speaker at National Conference on Sentencing Advocacy, Washington, D.C., on Sentencing Alternatives for Drug Offenders – Addicts and Dealers, 1989.
- Guest Speaker, Southern Criminal Justice Association, Asheville, North Carolina on Constitutionality of Sentencing Guidelines and Sentencing Alternatives for Drug Offenders.
- Guest Speaker at Wake County Academy of Trial Lawyers, Raleigh, North Carolina on Future Implications of the New Federal Sentencing Guidelines.
- Guest Speaker at Gate City Bar Association, Atlanta, Georgia, on Future Implications of the New Federal Sentencing Guidelines, 1984.
- Inside Drug Law, interview discussing 1984 Sentencing, Parole and Probation Issues.
- Speaker, Georgia Trial Lawyers Association convention on Sentencing and Parole Issues.
- Speaker at Annual Florida Criminal Trial Lawyers convention on Sentencing Alternatives and the Prevention of Parole Problems.
- Guest Lecturer at Nova University Law School, Fort Lauderdale, Florida, on Prison, Post-Conviction Relief, and Sentencing Alternatives.
- Leadership Atlanta Conference. Panel member of Judge Phillip Etheridge, Fulton County Superior Court. Topic: Sentencing and Parole Procedures.
- Speaker at Georgia Criminal Defense Lawyers Association seminar on Sentencing Alternatives and Prevention of Parole Problems.
- Testified before Fulton County Grand Jury, Alternatives to Prison Overcrowding in Georgia.
- 2004 to 2006 – KAPLAN UNIVERSITY – Adjunct Professor with the Criminal Justice Department; Teaching Introduction to Criminal Law & Introduction to Criminal Evidence
- 2001 to 2002 – TROY STATE UNIVERSITY – Adjunct Professor with the Criminal Justice Department; Teaching Introduction to Criminal Evidence
- NOVA UNIVERSITY, Davie, Florida, undergraduate psychology courses
- BROWARD COMMUNITY COLLEGE, Davie, Florida, Criminal Justice and psychology courses to police officers.
College Mock Trial Programs (Volunteer Services)
- National Association of Criminal Defense Lawyers, Judge, 2007
- Georgia State University, Judge, 2007
- John Marshall Law School, Judge, 2007
- CHIEF JUDGE MOOT COURT COMPETITION PANEL, New York City Law School, September 2003.
- PRESIDENT GEORGIA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, 2013
- Member, Federal Bar Association
- Life Member of National Association of Criminal Defense Lawyers (NACDL)
- Member, Georgia Bar Association since 1992.
- Chairperson of the NACDL Sentencing and Post Conviction Committee, 1992-1993.
This novel is a labor of love inspired by a number of cases that Attorney Shein has worked on over the years.