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The Life of a Case

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The Life of a Case THE LIFE OF A CASE AN OVERVIEW OF A PUBLIC DEFENDER’S DUTIES TYPES OF CASES • Criminal • Felony • Misdemeanor • Post Conviction Relief • Civil • Contempt • Child Protection MOST COMMON CRIMINAL CHARGES • Felony • Arson, Agg Ass, Agg Batt, Dom Viol, Att Stran, Burg, Inj to Child, Sex Abuse, L&L, Child Enticement, Grand Theft, Escape, Contraband into Corr Facility, Destr of Evid, Bribery, ICWF, Forgery, FTC fraud, Theft by Rec, Unlawful Poss of Firearm, Unlawful Use of Destructive Device, manslaughter to murder, Kidnapping, Mayhem, Cannibalism, Perjury, Prostitution, Rape, Riot, Robbery, Incest, Video Voyeurism, Tele Haras, MIP, Inj to Jail, Stalking, Mal Haras, DUI, FTR, PCS, Del CS, Traff in CS, CS by Fraud, Eluding • Misdemeanor • Driving Without Privileges – 27% • Driving While Under the Influence – 22% • Drug or Paraphernalia – 7% • Battery – 6% • Inattentive/Negligent Driving – 5% • Stats curtesy of Ada County Magistrate May through August 09 STEPS IN THE CRIMINAL PROCESS • Video Arraignment • Charges, penalties, rights, process, next court date, bond • Court appoints the Public Defender • Public Defender argues bond, addresses No Contact Order, coordinates dates with other cases STEPS IN THE CRIMINAL PROCESS • Assign Case to Public Defender • Early Motions • Bond • Discovery STEPS IN THE CRIMINAL PROCESS • Preliminary Hearing • Review discovery • Review case with Defendant • Review process with Defendant • Review the offer • Hearing • Waive the right to have a preliminary hearing or • Have a preliminary hearing • Misdemeanor Resolution • Argue bond • Transfer case to next attorney STEPS IN THE CRIMINAL PROCESS • Discuss case with Defendant • Charges • Penalties • Rights • Process • Bond STEPS IN THE CRIMINAL PROCESS • Discovery • Review all discovery • Audio, video • Review for 12(b) motions • Review case law, draft motions and briefing • Give discovery to Defendant and review • Discuss how to move forward • Review other facts with the Defendant STEPS IN THE CRIMINAL PROCESS • Discuss Case With the Prosecutor And Obtain Offer STEPS IN THE CRIMINAL PROCESS • Discuss Offer With Defendant • Review offer • Collateral consequences • Firearms, Immigration, Driver’s License • Negotiate • Review further offers STEPS IN THE CRIMINAL PROCESS • If Defendant Wants to Plead Guilty • Prepare for Entry of Plea • Prepare for Sentencing • Gather mitigation • Review Process • Secure Evaluations • Prepare for the PSI • Review the PSI • Prepare for the Sentencing Hearing STEPS IN THE CRIMINAL PROCESS • If Defendant Wants to Fight the Case • Prepare 12(b) motions • Research and brief the issue • gather affidavits and witnesses • Coordinate with an investigator • Interview witnesses • Review the crime scene and evidence • Plan and obtain trial exhibits • Retain experts • Redactions to audio and video evidence • Meet with the Client to discuss the risks and benefits of trial • Meet with Client to discuss testimony STEPS IN THE CRIMINAL PROCESS • If Defendant Wants to Fight the Case (Pt. II) • Prepare motions in limine • Prepare trial binder • Voir Dire, Opening, Examination, Prepare Experts, Closing, Jury Instructions • Trial STEPS IN THE CRIMINAL PROCESS • Issues After Sentencing • Review the Judgment • Discuss Rule 35 • Discuss Appeal and Post-Conviction • Rider Review Hearings • Ongoing issues • No Contact Orders • Conditions of probation • Motion to convert to unsupervised probation • Withheld Judgment • Sex Offender Registry • Driver’s License STEPS IN THE CRIMINAL PROCESS • Specialty Courts • Drug Court • Veteran’s Court • Mental Health Court • DUI Court • Domestic Violence Court STEPS IN THE CRIMINAL PROCESS • Appeal • Felony Appeals go to the State Appellate Public Defender • Notice of Appeal • Misdemeanor appeals are handled by the County Office • Notice of Appeal • Briefing • Oral Argument • Appeal to the Supreme Court? STEPS IN THE CRIMINAL PROCESS • Probation Violation • Request Discovery • Review Discovery and the Record • Discuss the case with Defendant • Admit or Deny some or all Counts • Sentencing STEPS IN THE CRIMINAL PROCESS • Post-Conviction Relief • Method for a Defendant to raise denial of a constitutional right or collaterally attack a conviction • Most commonly allege Ineffective Assistance of Counsel • Didn’t investigate properly, didn’t pursue 12(b) motions, forced to plead guilty, didn’t advice about immigration concequences • Review Petition • File Amended Petition with supporting documentation • Discovery • Evidentiary Hearing • Appeal CIVIL CONTEMPT • Collect charging information • Discovery • Discuss case with defendant • Negotiate with opposing counsel • Enter plea or conduct a contempt hearing • Sentencing • Appeal CHILD PROTECTION • Shelter Care • Pre-Trial/Adjudicatory • Case Plan • Review Hearings • Permanency • Termination Trial • Appeal JUVENILE CASES • Same criminal charges • Similar procedure • Diversion • Department of Juvenile Corrections • Civil Commitments .
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