Investigations, Issues, & Actions Before the Arraignment
- Red flags
- Business litigators
- Personal injury attorneys
- Marsy’s Law
- Civil v. criminal burden of proof
- Civil v. criminal discovery
- Restitution and civil damages
- Civil v. criminal prosecution
- Types of cases
- Successful PI and Criminal practice
- Family lawyers
- Corporate Counsel
- Solo practitioners
- Collateral and Administrative Consequences of Criminal Charges
- Immigration
- Professional licenses
- Other areas & issues
- Grand Jury investigations
- State vs. federal
- Civil vs. criminal
- Federal Grand Jury investigations
- Is your client a witness, subject or target?
- To testify or not to testify before the Grand Jury?
- What to do about production of records before the Grand Jury
- State Grand Jury indictments
- Challenging the Grand Jury
- State civil Grand Jury report
- What to do when you receive the phone call
- Client Arrest, Release, Bail & Arraignment
- Keeping clients out of custody
- Immigration considerations related to custody
- The arrest process – who can arrest; rights; questioning; warrant; who maintains arrest records and what they contain
- Bail and release – when can release occur; release on OR vs. bail; what is bail and how is it set
- Arraignment – what happens at arraignment; timing for arraignment; how to prepare for arraignment
- Motions
- Demurrer/Motion to Strike
- Reduce felony to misdemeanor
- Conditional examination
- Motion to Set Aside
- Motion to Suppress Evidence
- Brady
- Motion to Compel
After the Arraignment – Through Sentencing
- Negotiations
- Prosecutor
- Private practitioner
- Federal
- Immigration considerations
- Pleas
- Arraignment
- Purpose
- Procedure
- Complaint
- Information
- Citation
- Grounds for postponing pleas, prior-conviction allegations
- Plea of guilty or no contest
- DEJ
- Mentally ill and developmentally disabled
- Demurrer
- Statute of limitations
- Trial setting dates
- Arraignment
- Sentencing
- Restitution
- Civil compromises
- Misdemeanor
- Low grade felonies
- Immigration – recent case law changes at the USSC
- Preliminary Hearing/Indictment or Grand Jury
- State vs. Federal
- Procedural issues
- Quorum
- Transcription of all conversations
- Exclusion of non-essential parties
- Prosecutor’s obligations
- Duty to present exculpatory evidence
- Overriding the will of the Grand Jury
- Evidentiary issues
- Defense’s obligations
- History of the Grand Jury
- DA obligations
- Selection of jurors
- Example of Grand Jury cases
- Johnson Challenge
- Juror composition challenge
- Unavailability of witness for trial
- Defense advantages