“It’s a rainy night in Georgia” crooned Brook Benton in the 1970 R&B classic, which is fitting on this rainy Monday during this rainiest time of the year here in soggy Atlanta, Georgia. Although it’s very wet and ugly outside, here in my office I am pondering possibilities for resolving…
Articles Posted in Federal criminal defense
Pretrial Evidentiary Hearings in Federal Criminal Cases: A Few Observations
Hello Sports Fans, Paul Kish here, just returned from U.S. District Court here in rainy Atlanta, Georgia where we had a pretrial evidentiary hearing in yet another federal criminal case. I’ve done many hundreds, if not thousands, of these in my career, and I’d like to provide a few observations…
Dismissal of all Charges in Federal Criminal Case: How Sweet it is!
I just got word that all charges were dismissed against my client in a federal criminal case I have been working on for several years. It feels good for several reasons, some obvious, others are more subtle. One of the main reasons the dismissal feels so good is that I…
Federal Criminal Cases and the “Proffer”: What is it and What Should I Know Before Agreeing to This Process?
It’s a New Year in Atlanta, and I am doing my usual work on federal criminal cases, criminal appeals, post-conviction matters and whatever else that my clients need that can help with their various situations. One of today’s tasks is to schedule a “proffer” session for one of my clients…
“Brady Material” and the High-Profile “Varsity Blues” Case Show How Defense Lawyers Can Change the Perception of a Criminal Case
Many people have heard about “Varsity Blues”, which is a federal criminal case handled in Boston that alleges lots of wealthy parents basically paid for advantages to get their children into college. When the case broke and virtually all commentators were assuming that the Defendants were guilty, I posted about…
The Presentence Investigation Report in Federal Criminal Cases: A Short Primer
Another gorgeous early winter day in beautiful Atlanta, Georgia, and I am preparing to assist a client who will be interviewed soon as part of the preparation of the Presentence Investigation Report. For any of you somewhat unaware of this process (the six of you know who you are), here…
Challenging an Indictment in a Federal Criminal Case: Do’s and Don’ts
In my federal criminal defense practice here in Atlanta, I regularly file Pretrial Motions that challenge, in one way or another, the criminal indictment that alleges that my client did something illegal. There are several such cases I am currently working on, and the process of thinking about, and then…
The Importance of Jury Instructions in a Criminal Case
I am currently working on a federal criminal appeal that will go to the lovely building a few blocks away that houses the United States Court of Appeals for the Eleventh Circuit here in downtown Atlanta. The appeal involves a “jury instruction”, which means the rules of law that the…
What to Expect on Your First Day in Federal Court: A Short Explanation of the “Initial Appearance” and the “Arraignment”
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…
Federal Criminal Investigations: What You Should Do When the FBI Shows Up at Your Door
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…