Course ID: DV032609 Credits: 3 MCLE Credits (NY and NJ*)
3 MCLE Credits (NY): 1 Ethics; 2 PP; Non-Transitional (NJ 3*) Faculty:
Marc Agnifilo, Brafman & Associates, P.C.
James Glasser, Wiggin and Dana
Mark B. Rosen, John Jay College of Criminal Justice (Chair)
Prof. Nelson Tebbe, Brooklyn Law School Description:
Explore the process from arraignment to trial including: alternatives to prosecution; grand jury; indictment and information; pretrial discovery, motions and defense notices; pleas; ethical issues.
Topics discussed include:
* Alternatives to Prosecution: Pretrial diversion; cooperation with the government; Proffer letter; Cooperation agreement; 5K letter
* Grand Jury: Role of participants; role of defense counsel; clients subject to subpoenas; motion to produce and opposition to motion for hair samples, handwriting, etc.
* Indictment and Information: Filing; motion to dismiss; objections; severance; joinder; speedy trial
* Pretrial Discovery: Obtaining and preventing; mandatory discovery (defendant’s statements, defendant’s criminal record, documents and things, scientific test resulte, summary of expert testimony; grand jury transcripts, witness statements, co-defendants’ statements, Brady); depositions; bill of particluars
* Pretrial Motions and Defense Notices: General motions; suppression; motions in liminie; notice of defenses (alibi, insanity, exercise of public authority)
* Pleas: General pleas; entering a plea; guilty pleas; non guilty pleas; conditioned on right to appeal; nolo
* Plea Procedure: Presentence report; entering pleas (basis for plea, colloquy); vacating pleas
* Guilty Plea Agreements: Booker; timing; plea negotiations; charge agreement; sentence agreement; breach by defendant and/or prosecutor
* Ethical Isues and Ral Evidence in the Defense of a Client: Things you may never have thought of and how to avoid becoming a defendant (avoiding obstruction of government administration, desctruction of evidence and records in federal investigations; tampering with a witness, juror or officer, tampering with an informant) Original Tape Date: March 26, 2009
All Programs include: (1) Affirmation and (1) DVD/CD packet.
To receive CLE credit for program on DVD/CD: DVD/CDs are embedded with CLE codes that you must copy onto a supplied affirmation sheet. Return the signed and dated affirmation to the NYCLA CLE Institute to be issued a CLE certificate. We recommend that you watch/listen to DVD/CDs as soon as possible. We can only issue CLE credit if the law is still current. The date of your signed affirmation will determine the date of your CLE certificate.
Course Materials: DVDs have a PDF file of the course materials on the DVD itself. CD orders will come with a separate CD with a PDF file of the course materials. Written materials provided only upon request.
*In addition to being accredited in the State of New York, this program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 3 hours of total CLE credit. Of these, 1 qualify as hours of credit for ethics/professionalism, and 2 qualify as hours of credit toward certification in civil trial law, criminal trial law, workers compensation law and/or matrimonial law.
Please indicate in the "Customer Comments/Instructions" section of the online order form for which state(s) you want credit.
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