WHAT EVERY YOUNG AND NEW LAWYER NEEDS TO KNOW ABOUT CRIMINAL LAW. A PRACTICAL GUIDE TO CRIMINAL PRACTICE IN DALLAS STATE - PowerPoint PPT Presentation

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WHAT EVERY YOUNG AND NEW LAWYER NEEDS TO KNOW ABOUT CRIMINAL LAW. A PRACTICAL GUIDE TO CRIMINAL PRACTICE IN DALLAS STATE

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    1. WHAT EVERY YOUNG AND NEW LAWYER NEEDS TO KNOW ABOUTCRIMINAL LAW. A PRACTICAL GUIDE TO CRIMINAL PRACTICE IN DALLAS STATE AND FEDERAL CRIMINAL COURTS. Adrienne Dunn Dallas Criminal Defense Lawyer July 2009 1

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    3. Topics Standard Hearings Discovery Subpoena Filing Motions and Pre-Trial Motions Roles of the Various Courtroom Actors Special Courts Tips on Dealing with Prosecutors 3

    4. Federal: Preliminary Initial Appearance (Fed. R. Crim. Proc. 5) Probable Cause Hearing (18 USC 3060) Arraignment (Fed. R. Crim. Proc. 10) Detention Hearing (18 USC 3142) Guilty Plea (Fed. R. Crim. Proc. 11) Sentencing (Fed. R. Crim. Proc. 32) Standard Hearings 4

    5. State: Arraignment (Tex. Code Crim. Proc. 15.17) Examining Trial (Tex. Code Crim. Proc. 16.01) Go to the Court Managers Office located on the 2nd Floor to get a blank form. Have your client sign the form. Return form to same location. Contact Robin Weger Solomon 214-653-5722 RSolomon@dallascounty.org Case Settings Guilty Pleas (Tex. Code Crim. Proc. 26.13) Sentencing (Tex. Code Crim. Proc. 37.07) Standard Hearings 5

    6. discovery Federal: State: Fed. R. Crim. Proc. 16 No discovery rule. Must have a discovery order signed by judge 6

    7. subpoena Federal: State: Fed. R Crim. Proc. 17 Application at Clerks Office on 2nd floor. Retrieve completed Subpoena from same location. File served subpoena with the clerks office in the court. 7

    8. Filing motions & pre-trial motions Federal: State: e-file File stamp the motion at the clerks office in the court contact Charlie Braswell Present the motion to the judge 214-753-2190 Charlie_Braswell@txnd.uscourts.gov 8

    9. Filing motions & pre-trial motions List of Standard Pre-Trial Motions: Motion for Discovery Motion to Disclose Brady Material Request for Notice under 404(b) and art. 37.07(3)(g) Request for Notice under 609(f) Motion for Witness Statements pursuant to Tex. R. Evid. 615 Ex Parte Requests: If requesting funds for an expert or investigator, file the motion under seal and DO NOT serve the prosecutor. Tex. Code Crim. Proc. 26.05 (d) & (h) 18 USC 3006A(e) 9

    10. Roles of the various courtroom actors Federal: State: Courtroom Deputy Court Coordinator Pre-trial Services Officer Sheriff Deputy US Marshall Probation Officer Probation Officer 10

    11. Special courts Drug Divert Court Aux. #7 Program Manager K. Dickerson 214-653-5340 KEDickerson@dallascounty.org Mental Health Court STAR Court Judge Myers court Drug Court Aux. #1 214-653-5907 Child Abuse Court Aux. #8 Judge Gary Stephen 214-653-3416 SAFP Re-entry Court Dual Diagnostics DWI 11

    12. Tips for dealing with prosecutors Integrity: Your Word is Your Bond. Prosecutors like trying their good cases and pleading their bad ones. Good and Bad - Defined (where you fit in) 12

    13. 6th Annual criminal defense trial skills and trial law program Center for American and International Law Plano, Texas August 11-14, 2009 www.cailaw.org 13

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