Criminal Defense Tools and Techniques
Table of Contents
CHAPTER 1 ENTERING THE CASE
CHAPTER 2 THE REPRESENTATION AGREEMENT
CHAPTER 3 ARREST & INITIAL APPEARANCE
CHAPTER 4 BAIL & PRE-TRIAL RELEASE
CHAPTER 5 EXTRADITION
CHAPTER 6 EXPERTS & INVESTIGATORS
CHAPTER 7 SEARCH & SEIZURE
CHAPTER 8 INTERROGATIONS, CONFESSIONS AND OTHER STATEMENTS
CHAPTER 9 IDENTIFICATION PROCEDURES
CHAPTER 10 PRELIMINARY HEARINGS
CHAPTER 11 FORFEITURE
CHAPTER 12 GRAND JURY PRACTICE
CHAPTER 13 MENTAL HEALTH ISSUES
CHAPTER 14 DISCOVERY
CHAPTER 15 MOTION PRACTICE
CHAPTER 16 [RESERVED]
CHAPTER 17 PLEA BARGAINING
CHAPTER 18 REPRESENTING VICTIMS AND WITNESSES
CHAPTER 19 RELATED CIVIL LITIGATION
CHAPTER 20 TRIAL
CHAPTER 21 POST-TRIAL MOTIONS
CHAPTER 22 SENTENCING
CHAPTER 23 PROBATION, PAROLE & OTHER POST-RELEASE SUPERVISION
CHAPTER 24 APPEALS
INDEX
The 2017 edition of Criminal Defense Tools and Techniques overflows with new and updated legal analysis and practical advice to help you protect your clients’ rights. You receive five new forms, plus expanded coverage of a broad range of topics throughout the book, including:
ENTERING THE CASE
- Protecting the confidentiality of attorney-client communications when your client calls from jail
- Impact of joint representation on the confidentiality of attorney-client communications
BAIL AND PRETRIAL RELEASE
- Use of Detention Risk Assessment Instruments
- Impact of immigration detainers
EXPERTS AND INVESTIGATORS
- Minimum requirements established by the constitutional rule of Ake, as outlined by the Supreme court in McWilliams v. Dunn, 137 S.Ct. 1790 (2017)
- Precautions you must take when interviewing your client’s employees
SEARCH AND SEIZURE
- Relationship between “overbreadth” and “particularity” requirements in a warrant
- Does the Confrontation Clause require witnesses to testimonial hearsay to appear and face cross-examination at pretrial suppression hearings?
- What happens when a lawful search yields evidence the government has no right to review (e.g., privileged communications)?
IDENTIFICATION PROCEDURES
- Updated case law reflecting the trend to allow trial judges discretion to admit expert testimony on the weaknesses of eyewitness identification
FORFEITURE
- “Substitute assets” theory under which a prosecutor can seek forfeiture
- Arguments in support of defendant’s claim that forfeiture is disproportionate to the offense
GRAND JURY PRACTICE
- Arguing the full breadth of the Fifth Amendment privilege against self-incrimination
- Steps to take when the prosecutor subpoenas a defense attorney
TRIAL
- Prosecution motions in limine to preclude a defense
- Voir dire – how to deal with bad evidence you know the jury will hear
- Tips for preparing your client to testify
NEW FORMS
- Motion to Compel Return of Property
- Motion to Impound Privileged Documents for In Camera or Special Master Review
- Letter Asserting Privilege to Former Attorney’s Counsel
- Letter Asserting Privilege to Former Attorney’s Counsel
- Civil Proffer Agreement
AND MORE!