Preliminary Sections

• Pages: 1-38
• Author: Thomas J. Farrell,Brandon D. Minde

HIGHLIGHTS

In this 8th Edition of Criminal Defense Tools and Techniques, we welcome new author, Brandon D.

Minde. Attorney Minde is a board-certified criminal trial lawyer and former prosecutor, who has been prac-

ticing law since 2004. The highlights of his first supplement includes new and updated text:

ARREST AND INITIAL APPEARANCE

• Preliminary hearing for probable cause

• Simultaneous federal and state prosecutions

BAIL AND PRETRIAL RELEASE

• Specific cases: immigration detainers; defendants held on state and federal charges

• Reopening the detention hearing

SEARCH AND SEIZURE

• Body searches: urine samples, saliva, DNA, and blood alcohol content

• Involuntary confessions: testimonial nature of passcodes, technology decryption

MOTION PRACTICE

• Failure to state an offense: felon-in-possession prosecutions post-Bruen

• When double jeopardy attaches

• Challenging expert testimony

PLEA BARGAINING

• Negotiating an 11(c)(1)(C) bargain

• Determining if cooperation is an option and, if so, scope of cooperation

• Withdrawing a plea after sentencing – evidence of involuntariness

TRIAL

• Affirmative defenses: duress; necessity; justification; mere presence

SENTENCING

• Coordinating sentences when clients are in custody in one jurisdiction and another seeks to adjudi-

cate its case

21 NEW FORMS, INCLUDING:

• Motion to Modify Bail Conditions to Permit Employment

• Motion to Suppress Unduly Suggestive Show-Up Eyewitness Identifications

• Motion to Sever

• Motion to Dismiss for Improper Grand Jury Presentation

• Sample Proffer Letter

• Sample Cooperation Agreement

• Sample Plea Offer

• Waiver of Indictment

• Motion in Limine to Strike Alias from Indictment and Referencing by Government Witnesses

• Consent Motion for Release to State Custody Pending Sentencing

Criminal Defense Tools and Techniques

by Thomas J. Farrell & Brandon D. Minde

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