Criminal Defendant’s Handbook

Federal Criminal Defendant’s Handbook

By H’yoka Running Free

TABLE OF CONTENTS – Order Now!

§ 1: INTRODUCTION

§ 2: ARREST, INITIAL APPEARANCE AND ARRAIGNMENT

A. Arraignment or Transfer to Another District
B. Appointment of Counsel or Pro Se
C. Indictment, Complaint or Information
D. Speedy Trial Rights
E. Detention or Release
F. Detention Hearing

§ 3: CONSTITUTIONAL RIGHTS OF PRE-TRIAL DETAINEES AND PRISONERS

A. Pre-Trial Detainees
B. Access to the Courts
C. Jailhouse Lawyer Rendering Legal Assistance to Fellow Inmates
D. Legal Research and Document Preparation
E. Legal Research Methodology and Synthesis
F. Civil Rights Actions

§ 4: RIGHT TO EFFECTIVE COUNSEL

A. Assistance of Counsel
B. Conflicts of Interest
C. Substitute Counsel
D. Ninth Circuit Review
E. Counsel Rules of Professional Conduct
F. Questionnaire to Counsel
G. Defendant Bound By Attorney Acts Absent Demonstration of Ineffectiveness

§ 5: FARETTA HEARING AND SELF-REPRESENTATION

A. Pro Se With Standby Counsel
B. Right to Self-Representation
C. Faretta Hearing for Proceeding Pro Se
D. Ninth Circuit Review

§ 6: PRE-TRIAL MOTIONS, DISCOVERY AND HEARINGS

A. Pre-Trial Motions and Memorandums of Law
B. Suppression and Exclusion in Limine and Brady Motions
C. Fourth Amendment and Privacy Rights
D. Judicial Notice and Statement of Facts

§ 7: MEMORANDUM OF PLEA AGREEMENT

A. Voluntary Plea of Guilty
B. Factual Stipulations and Calculating Sentence Guidelines
C. Acceptance of Responsibility
D. No Downward or Upward Departures Argued at Sentencing
E. Evaluating a Plea Agreement
F. Restitution
G. Court Not Bound By Plea Agreement

§ 8: PREPARATIONS FOR TRIAL

A. Rights of the-Criminal Defendant
B. Third-party Testimonial Statements and Hearsay Not Permitted
C. Impeachment of Witnesses and Jencks Act
D. Government’s Burden of Proof
E. Motion for Mistrial

§ 9: JUDGMENT OF ACQUITTAL OR ARREST OF JUDGMENT

§ 10: NEW TRIAL

A. Newly Discovered Evidence
B. Recanting Witnesses
C. Suppressed Exculpatory Evidence and Government Use of Perjured Testimony
D. Perjury at Trial

§ 11: WITHDRAWAL OF GUILTY PLEA

A. Guilty Pleas and Rule 11 Inquiries
B. Guilty Pleas and Plea Bargaining
C. Guilty Pleas and Competence
D. Ninth Circuit Review

§ 12: CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL

A. Pre-Trial Ineffective Assistance of Counsel Claims
B. Counsel Has Constitutional Duty to Investigate
C. Developing Ineffective Assistance of Counsel Claim
D. Post-Conviction Ineffective Assistance of Counsel Claims
E. American Bar Association Complaints, Disciplinary Action and Malpractice Suits

§ 13: CLAIM OF PROSECUTORIAL MISCONDUCT

A. Post-Conviction Prosecutorial Misconduct Claims
B. Selective Prosecution Claim
C. Vindictive Prosecution Claim
D. Government Misconduct Claim
E. Office of Professional Responsibility Complaints and Disciplinary Action

§ 14: SENTENCING

A. United States Sentencing Guidelines (U.S.S.G.)
B. Pre-sentence Investigation Report (P.S.I.) or (P.S.R.)
C. Sentencing Allocution and Counsel’s Preparation
D. Sentencing Memorandum and Hearing
E. Mitigating Factors for Sentencing
F. Government’s Refusal to File §5K.1 Motion
G. Ninth Circuit Review

§ 15: DIRECT APPEALS

A. Notice of Appeal
B. Record, Appeal Questions and Final Judgments
C. Issues on Appeal
D. Jurisdiction and Preservation of Issues

§ 16: STANDARDS OF REVIEW

A. Issues of Law and Legal Questions
B. Issues of Fact and Findings of Fact Questions
C. Issues of Mixed Law and Facts
D. Issues of Trial Court Discretion
E. Ninth Circuit Standards of Review
F. Procedures, Reversals and Remands
G. Judicial Complaints and Misconduct
H. Writ of Mandamus

§ 17: VACATE, SET ASIDE OR CORRECT SENTENCE – SECTION 2255 MOTION

A. Post-Conviction Discovery and Evidentiary Hearing
B. Motion to Correct Sentence
C. Motion to Reduce Sentence
D. Exhaustion of Remedies and Statute of Limitations
E. Procedures and Judicial Review
F. AEDPA
G. Involuntariness of Guilty Plea and Government Breech of Plea Agreement
H. Ninth Circuit Review
I. Section 2255 Form

§ 18: WRIT OF HABEAS CORPUS – SECTION 2241 PETITION

A. Administration of Parole
B. Computation of Prison Time Served
C. Prison Disciplinary Actions, Transfers and Types of Detention
D. Prison Conditions
E. Extradition
F. Removal by Deportation or Exclusion
G. Court-Martial Proceedings
H. Burden of Proof, Filing and Exhaustion of Administrative Remedies
I. 2241 Petition Form

§ 19: WRIT OF CORAM NOBIS

§ 20: FEDERAL BUREAU OF PRISONS RULES, POLICIES AND PRACTICES

A. Administrative Remedies and Procedure
B. Making the Best of “Time Served”
C. Supervised Release and Probation
D. Home Free at Last

APPENDIX

A. Pre-Trial Motions and Judicial Notices
B. Trial Motions
C. Memorandums of Law
D. Post-Trial Motions
E. Pre-Sentencing Motions
F. Post-Conviction Motions and Petitions
G. Direct Appeal Briefs
H. Civil Rights Action

RESOURCE DIRECTORY

A. Newsletters
B. Legal and Self-Help Resources
C. Legal Reference Books
D. Prisoner Support
E. Important Addresses

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10 thoughts on “Criminal Defendant’s Handbook

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