Section 3.11 Offense Charged

• Library: Criminal Practice 2012 Supp

7. (§3.11) Offense Charged

It does not matter whether the client is in jail or has come to counsel’s office to visit either before or after the charge is filed. Counsel still must determine precisely what charge is alleged and claimed against the defendant. There are four general things that need to be done in every case:

1. Obtain a copy of the complaint or information.

2. Look up the MAI-CR to determine that the charge is thorough and complete as to the necessary and indispensable elements.

3. Pull out a copy of the substantive statute.

4. Look up the caselaw decisions under that general statute.

These four sources of information will provide invaluable background as to the claims made against the defendant.

If the client is in jail, counsel can obtain the exact nature of the charge from the booking desk personnel. If the interview is at counsel’s...