Georgia Criminal Defense Lawyers Blog

LEGAL BATTLES ON TWO FRONTS

WHEN CRIMINAL LAW AND CIVIL LAW COLLIDE

Throughout human history, military planners have obsessed over one of the greatest military challenges their nation could face against an enemy: the two front war. That is, where their nation was attacked by enemies on two geographically separate fronts. For criminal defense attorneys and civil lawyers practicing today, it is important for them to keep in mind that their client may face criminal and civil legal battles on two fronts simultaneously. In other words, they and their client may have to fight their own two front war: one concerning civil law and the other concerning criminal law. These two front legal battles are becoming more and more common, as the criminal law and the civil law become more and more intertwined with one another.

On January 28, 2013, the United States Atttorneys Office for the Northern District of Georgia published a “press release” describing how four people were arrested “for operating a Pill Mill”. See www.justice.gov/usao/gan/press/2013/01-28-13.html

And on February 11, 2013, HB 178 passed a key House committee in Georgia. It aims to put pain management clinics under the regulation of Georgia’s medical board, and that as of June 30th, any new pain clinic would have to be physician owned – a requirement similar to other states.

The federal government has also recently been quoted as saying prescription pain killers are the nation’s number one drug epidemic.

Criminal Defense Attorney Meg Strickler comments on the murder trial of Jodi Arias.
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John McAfee’s legal situation has dramatically improved now that he has returned to the United States. As of the date of this blog, he is safer in the states than anywhere else. He fled Belize, snuck into Guatemala, and just came to the United States, after he was forcefully put on a U.S. bound flight by Guatemalan authorities. Belizean police still want to speak with McAfee about the murder of his American neighbor, Gregory Faull last month.

The key issue here is – does the U.S. have a MLA (Mutual Legal Assistance) treaty with Belize covering extraditions? And the answer is yes, Belize signed an extradition treaty with the U.S. in 2000. As with most treaties, there are exceptions to when a person is extraditable. This situation does not fit any of those exceptions. What is unique here, however, is that, at this time, McAfee is only a “person of interest” in Belize. No warrant has been issued yet in Belize. So, the discussion of extradition back to Belize is premature. 

Atlanta and Manhattan criminal defense attorney Meg Strickler is quoted in The Daily Beast, Newsweek magazine’s online website, discussing Micah Moore’s confession of murdering a prayer group leader’s wife, Bethany Deaton.

www.thedailybeast.com/articles/2012/11/30/a-confession-to-murder-quickly-withdrawn-rocks-religious-community.html

http://mobile.bloomberg.com/news/2012-10-15/gupta-s-admirers-urge-mercy-as-insider-sentence-nears.html

The sentencing phase of a criminal trial is very important. It is always a good idea to get letters to give to the judge to influence his or her opinion as to what sentence to impose.