Vol. 9, No. 6, Pg. 24. Criminal Court Appointments: Your Number is Up!.

• Author: By Janis Richardson Hall

South Carolina Lawyer

1998.

Vol. 9, No. 6, Pg. 24.

Criminal Court Appointments: Your Number is Up!

24CRIMINAL COURT APPOINTMENTS: Your Number is Up!By Janis Richardson HallBeen court appointed and facing a new adventure? Considering taking on criminal clientele? Or are you an experienced lawyer who has handled criminal cases? Anyone in one of these situations can use this article as a check list. By incorporating several different angles as viewed from the perspectives of a prosecutor, a defense attorney and the bench, it should prove valuable on any level.

Most of this information is geared toward state court but should also apply to federal court, with some very distinct differences that have been noted. However, before any criminal work is even attempted in federal court, it is imperative to attend a guidelines seminar. Failure to have a working knowledge of the guidelines while providing criminal representation in federal court is nothing short of malpractice.

Now that you have received that call from the judge or accepted your first criminal client, there are several basics that are absolutely necessary when preparing your file. In addition, there is a never ending list of advice concerning tactics and strategy.

This article attempts to cover the basics while touching on several areas that can only be developed with time and experience. In criminal law, the post conviction relief petition or motion claiming ineffective assistance of counsel is a very easy and simple procedure for an individual to pursue.

Hopefully, by establishing a checklist of do's and don'ts, when your file goes in to storage, it will stay there. In the process, you will discover a new and exciting aspect to the practice of law. While criminal law is unpredictable and unnerving, it can be the most exciting and enjoyable area of practice.

Do's

KNOW THE COURT. Your first step is to familiarize yourself with the procedures of the particular county or circuit. The best option is to contact the Public Defender's Office or someone familiar with the jurisdiction. You will find that most experienced lawyers are always willing to spare a few minutes to give you an overview. Even the prosecuting attorney can be a good source, but, as always, it is a good idea to get more than one view. In magistrate's court, start with the magistrate's office and speak with the clerk. It is amazing how much information can be obtained by nicely asking a question or two.

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MAKE CONTACTS. Begin by sending a letter of representation to the clerk of court and the prosecuting attorney. If it is a state general sessions court warrant or a federal complaint, request a preliminary hearing. In state court, this hearing must be requested within 10 days of the date of arrest. In federal court, you have 10 days if your client is in custody and 20 days if he or she is out on bond.

If you did not receive the appointment until after that date, include the request in your letter of

26representation. Most courts will accommodate a request outside the required period, within reason, if there is a valid reason for the delay.

In this letter, you may also request that your client be excused for roll call if it is a state court case. Some counties have a date scheduled every 30 days for all defendants to report to general sessions court or the solicitor's office. The bondsman will often appear to assure compliance with the bond. If a defendant does not have a lawyer, the solicitor will make contact and often explain how to apply for a court appointed counsel. The solicitor may also discuss pretrial intervention. Once a defendant has a lawyer, he or she may not need to appear at roll call but a letter of representation is necessary prior to your client being excused. If your client is bonded with a surety, notify the bondsman.

When setting up the file, do not overlook the obvious. If you were not present when you were appointed by the court, contact your client also. It is a good idea to make your initial contact by phone and by letter. Make this contact early. It is not unusual for a court appointed clientele to frequently change addresses.

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BE AWARE OF ALL ALTERNATIVES. Among the most important things to research and note in your file are the maximum sentences, fines and mandatory sentences.

Because changes occur frequently, always check the most recent pocket parts or publications. It is a good idea to make a copy of that particular code section and place it in the file. This will ensure that you have all the elements and potential sentences readily available. Advise your client of mandatory sentences and maximum sentences immediately. Never sugarcoat this information, and make sure it is well documented in your file.

If it is a federal case, work through the guidelines to get a general range. It is a good practice...