This program is designed for both the beginning lawyer and the experienced practitioner who are interested in learning more about the process a criminal case can take. The seminar takes a very practical approach to inform the attendees of information that they can immediately put to use in the defense of criminal cases.
Topics to be covered include:
- Case Intake
- Reviewing The Accusatory Instrument
- Felony/Misdemeanor Arraignment/Bail
- Bail Source Hearings
- Felony Plea Negotiations
- Post-Arraignment Misdemeanor Issues/Grand Jury Issues
- Indictment And Supreme Court Procedure
- New York State Sentencing Law
9:00 a.m. - 9:55 a.m.
I. Case Intake/Tracking The Case
From Arrest To Arraignment
A. Initial Phone Intake
B. Pre-Arraignment Checklist
C. Should You File A 'Notice Of Appearance'?
9:55 a.m. - 10:45 a.m.
II. Reviewing Accusatory Instrument,
CJA And Rap Sheet/Family
Interview Prior To Arraignment
A. Understanding The Paper Trail
B. Demystifying The Rap Sheet
C. Meeting With Client's Family Setting Reasonable Expectations
D. Meeting With Client Establishing Relationship Of Trust
10:45 a.m. - 11:00 a.m.
11:00 a.m. - 12:15 p.m.
III. Felony Arraignment/Misdemeanor
A. Notices By The People i.e., Grand Jury, Identification And Statement
B. Reciprocal Notices By The Defendant i.e., Cross Grand Jury, Alibi
C. Bail Application, CPL Sections 170.70 And 180.80 Concerns
D. Conflict Issues Ethics Discussion Regarding Representing Multiple Defendants In The Same Case
E. Bail Is Fixed, What Do We Do Now? Bonds vs. Cash Bail
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 1:35 p.m.
IV. Bail Source Hearings/Cooperation
With The District Attorney
A. Meeting With Suretors Reviewing Documents
B. Preparing For Interview With Prosecutor Preparing For Court Hearing
C. Cooperation Debriefings Expectations Of The Client
1:35 p.m. - 2:05 p.m.
V. Felony Plea Negotiations
A. Negotiating Early Resolutions Of Felony Cases With Dismissals Or Misdemeanors
B. What Is A Superior Court Information And How Does It Work?
C. What About Discovery Issues?
2:05 p.m. - 2:20 p.m.
2:20 p.m. - 3:05 p.m.
VI. Post-Arraignment Misdemeanor
Issues/Grand Jury Issues
A. Converting Criminal Court Complaints To Informations
B. Waiving Motions As A Strategy
C. CPL 30.30 Speedy Trial Issues
D. Grand Jury Waivers Of Immunity
E. Role Of Attorney In The Grand Jury
F. Judicial Intervention/Guidance With Grand Jury Issues
3:05 p.m. - 3:50 p.m.
VII. Indictment And Supreme Court
A. Arraignment On The Indictment
B. Bail Issues Bail Applications By The Prosecutor, Bail Applications By The Defendant, Sua Sponte Bail Changes By The Court
C. CPL Section 190.50 Issues
D. Plea Bargaining
E. Voluntary Disclosure Agreements
F. Motion Practice
G. Search Warrants
H. Pre-Pleading Investigations
3:50 p.m. - 4:20 p.m.
VIII. New York State Sentencing Law
A. Youthful Offender Status
B. Narcotics Charges Drug Treatment Court
C. Minimum/Maximum Permissible Sentences
D. Concurrent/Consecutive Sentences
E. Violent Felony Offenses
F. Interim Probation Supervision
4:20 p.m. - 4:50 p.m.
IX. Hypotheticals/Question And