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Articles Posted in federal criminal attorney

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Basics of a Federal Criminal Appeal

The federal criminal appellate process begins when a person is convicted at the district court.  A conviction can occur after a jury trial or after a plea of guilty. If a person has entered in to a plea agreement, the person may have agreed to waive many of their rights…

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How can I be charged with 18 U.S. Code § 1028A Aggravated Identity Theft?

Here is the definition from the statute, cut directly from the 11th circuit’s jury instructions: It’s a Federal crime to commit aggravated identity theft. The Defendant can be found guilty of aggravated identity theft only if all the following facts are proved beyond a reasonable doubt: (1) the Defendant knowingly…

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Drug Trafficking and the Safety Valve Exception

  The “Safety Valve” exception is a statutory exception to mandatory minimum sentencing laws. A safety valve allows a judge to sentence a person below the mandatory minimum term if certain conditions are met.  The “Safety Valve” provision is a provision of law codified in 18 United States Code §3553(f).  It…

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School Threats Resulting in Criminal Charges

Schools across the state of Georgia are facing an increase in threats of violence.  It has led schools to step up security.   Each and every threat must be taken seriously.  Some of these threats turn out to be real, so officials have beefed up security everywhere, including for example, Fulton…

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The Department of Justice in the Northern District of Georgia Federal Court will add a New Pretrial Diversion Court

  On April 11, 2022, the Northern District of Georgia in Atlanta announced the creation of a new pretrial diversion court, the Accountability, Treatment, and Leadership Court “ATL Court“. It is formed with the Northern District of Georgia, the U.S. Probation Office, the U.S. Attorney’s Office, and the Federal Defender Program,…

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SEC Complaint, RICO, Securities Fraud – biggest case against financial crime in SDNY in a long time

Manhattan federal agents arrested Archegos Capital Management founder Sung Kook “Bill” Hwang on April 27, 2022 on fraud charges, roughly one year after the investment firm’s huge losses back in March 2021.  Department of Justice prosecutors are charging both Hwang and Patrick Halligan, the firm’s chief financial officer, with racketeering…

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What are the current DOJ priorities?

Attorney General Merrick Garland made recent comments about what he considered to be the Department of Justice’s top priorities for 2022.  Since taking office in March 2021, Garland has tried to combat crime in a tumultuous time.  He has been criticized for his handling of January 6 investigation and has stated…

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Q&A Grand Jury subpoenas

What is a Grand Jury? The purpose of the grand jury is to determine whether or not there is probable cause to believe that any federal felony has been committed. A typical federal grand jury consists of between 16-23 citizens drawn from the community.  The jurors meet in a closed…

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