Attorney Profile

Attorney Shein is a nationally recognized Federal criminal defense attorney who specializes in Pre and Post conviction, plea, sentencing, Appellate, and Habeas Corpus litigation. She has provided testimony before the U.S. Sentencing Commission and has spoken before state and national bar conventions, civic groups, and on television. She is the editor of Federal Criminal Law News, a newsletter providing updated information on Federal sentencing and post-conviction mitigation. Attorney Shein is the author/editor of the Federal Criminal Law Inmate Handbook, and the author of the sentencing chapter in the text “Cultural Differences in Criminal Defense” published by Press Publishing. Attorney Shein is admitted to practice in all Circuit Courts of Appeal, the Supreme Court of Georgia, and the United States Supreme Court. She is also a member of the Georgia State Bar, Federal Bar Association, and a lifetime member of the National Association of Criminal Defense Lawyers (NACDL).

The Federal Criminal Law Center was formed in 1981. In conjunction with the Law Office of Marcia G. Shein in 1992, both were designed to provide consultation and representation to Criminal Defense Attorneys and defendants throughout the country on federal trial, plea, sentencing, appellate and post-conviction mitigation. The Law Office of Marcia G. Shein provides representation in federal trial strategies, plea bargaining, sentencing mitigation, objections to the governments presentence report, trial and sentencing appeals, and Habeas corpus relief pursuant to 28 U.S.C. 2255, 2254 and 2241. Attorney Shein recognizes the importance of post Booker mitigation at sentencing and Bureau of Prisons issues that must be addressed before and after sentencing including getting into the best facility with the best possible results in any case. She has worked with many of the top Criminal Defense attorneys in the Country and represented clients from Alaska to Nova Scotia and beyond U.S. borders. Many exceptional trial attorneys have recognized the need for a sentencing and appellate attorney and often refer their cases to us for continued post conviction litigation. A good trial record can result in a better sentence and appeal outcome.

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, Troy State University in Alabama and Kaplan University in Chicago.

Attorney Shein has been admitted in the following United States District Courts and appeared throughout the United States in other courts Pro Hac Vice.

PROFESSIONAL ACCOMPLISHMENTS

ARTICLES AND PUBLICATIONS

• THE CHAMPION MAGAZINE, April, 2007, article entitled Race and Crack Cocaine Offenses:  Correcting a Troubling Injustice Post-Booker



• THE FEDERAL LAWYER, May, 2005, Commentary; United States v. Booker: Where Are We Now?



• The Georgia Defender, January 2005, published article entitled United States v. Booker and Fanfan, 543 U.S. (2005): Where Are We Now?



• 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, 1999, Authored Chapter 12 on Cultural Differences in Sentencing, Developed by Federal Public Defender’s Office in Las Vegas, Nevada, René L. Valladares



• FEDERAL CRIMINAL LAW INMATE HANDBOOK, published by Quill Publications. Editor Marcia G. Shein, J.D., President, Federal Criminal Law Center.  (1998 to Present)



• 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 Bastian 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 Issue.



• 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).



• Wall Street Journal, commentary in article on DUI Alternatives for use in defense practice.



• The Expert and Law, published article entitled The Expert Witness and Sentencing Reports.



• 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, Georgia Association of Criminal Defense Lawyers: Sentencing Mitigation and Beyond- Principles of Booker that Work, Winter Seminar, 2006.



•  VOLUNTEER JUDGE FOR MOOT Appellate COURT COMPETITION for John Marshall University, Georgia, March, 2006 



• VOLUNTEER JUDGE FOR HIGH SCHOOL MOCK TRIAL COMPETITION, Georgia, February, 2004 -2005.



• Judge for the National Association of Criminal Defense Lawyers Trial competition, Georgia, 2003.



• CHIEF JUDGE MOOT COURT COMPETITION PANEL, New York City Law School, September 2004.



• SPEECH, Orlando Bar Association: Using Sentencing & Post Conviction Mitigation attorneys as part of the Defense team, 2003.



• ADJUNCT PROFESSOR, Troy State University, Criminal Justice (Evidence) CJ 4442, Term 5, Semester 1, June - July, 2001, Brunswick, Georgia



• 1 OF 15 ATTORNEYS SELECTED TO PARTICIPATE IN THE CUBAN EDUCATIONAL TRAVEL PROGRAM TO SHARE LEGAL AND JUDICIAL SYSTEM DIFFERENCES, April, 2001, Study of Cuban Court System sponsored by National Association of Criminal Defense Lawyers



• 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, concerning Sentencing Guidelines (1994).



• MILWAUKEE BAR ASSOCIATION, Federal Sentencing & Guideline Issues, Milwaukee, Wisc. (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.



• Guest Speaker Georgia Criminal Trial Lawyers Association, Savannah, Georgia on Sentencing Reform: The Good, The Bad, and the Misunderstood.



• Guest on WEAR, Channel 3 TV, Pensacola, Florida, on Prison Overcrowding.



• Guest speaker, Rhode Island Bar Association, Providence, RI, Sentencing Reform.



• 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).



• Oral testimony for NACDL Sentencing Commission Liaison Committee on Sentencing Alternatives before the United States Sentencing Commission, Washington, D.C. (1984).



• Inside Drug Law, interview discussing 1984 Sentencing, Parole and Probation Issues.



• Atlanta Journal/Constitution, interview, Private Sentencing Design Service.



• 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.



• Speaker, National Association of Criminal Defense Lawyers Convention, Steamboat Springs, Colorado, on Sentencing Alternatives and the Prevention of Parole Problems.



• Development & Direction, Public Access Cable TV Programming (Atlanta Channel 16) on Use and Development of More Effective Sentencing Alternatives and Treatment Plans.

TEACHING EXPERIENCE

• 2004 to Present – KAPLAN UNIVERSITY – Adjunct Professor; Criminal Justice Program; Evidence, Criminal Procedures and Law, Criminology courses



• 2001 to 2002 – TROY STATE UNIVERSITY – Adjunct Professor; Criminal Justice Program; Evidence courses



• NOVA UNIVERSITY, Davie, Florida, undergraduate psychology; Intro to Psychology, Developmental Psychology



• BROWARD COMMUNITY COLLEGE, Davie, Florida, Criminal Justice and psychology courses to police officers

MEMBERSHIPS/ACHIEVEMENTS/AFFILIATIONS

• Resolution Resources Corporation, Mediation Observation, July 29, 2003.



• Resolution Resources Corporation, 21 Hours Mediation Training, May 21, 2003.



• Chairperson of Criminal Defense Attorney Concerns for Women Committee for NACDL, 1996, 1997, 1998.



• Member, Georgia Bar Association.



• Life Member of National Association of Criminal Defense Lawyers (NACDL).



• Chairperson of the NACDL Post Conviction Committee, 1992-1993.



• Lobbied to the U.S. Sentencing Commission encouraging changes and ideas commensurate with the multiple concerns of the justice system addressed by the sentencing guidelines and policy statements of the Comprehensive Crime Control Act of 1984 (e.g., disparity in crack cocaine guidelines), 1994.



• Past Member of Advisory Board of Directors for the National Forensic Center.



• Sponsoring of Civil Rights Complaint, filed USDC, Washington, D.C., “No prison camps or satellite honor camps for female offenders in the Federal Prison System”; Class Action Suit, Case No. 84-2604.  (1984-1988).  Disposition in favor of female inmates.

Marcia Shein's Statistics from 1992 - Present

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