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New York State Association of Criminal Defense Lawyers - NYSACDL

New York State Association of Criminal Defense Lawyers - NYSACDL
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“. . . in my mind, I see sunshine”

— Tupac Shakur  R U Still Down? (Remember Me)

Federal Practice 2013

Federal Practice for the State Practitioner

Friday, October 4, 2013

12pm – 5pm (Registration: 11:15am)

EDNY Courthouse, 225 Cadman Plaza East, Brooklyn, NY

4 Skills Credits, 1 Ethics Credit

This series of lectures by experienced federal practitioners will cover fundamental aspects of defending a federal criminal case from investigation and arrest through pretrial litigation, the plea and cooperation process, and sentencing. Attorneys practicing in federal court, whether new to the practice or more experienced, will benefit from the instruction on the unique aspects of representing the federal criminal defendant. The addition of an ethics discussion to this year’s seminar will bring to light emerging issues of which criminal defense practitioners need to be aware.


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Faculty & Topics
 Investigations, Surrender, Bail, Arraignment
Amy Millard, Clayman & Rosenberg

This presentation will be a nuts and bolts practical guide to the federal rules and federal practice relating to the early stages of a federal criminal case including: (1) Investigations, (2) Surrender, (3) Bail, and (4) Arraignment. Under the topic of investigations, the presentation will address visits to your client by federal agents, the power and effect of subpoenas, and assertion of the Fifth Amendment in the Grand Jury. It will discuss aspects of arrests, including voluntary surrender, processing by the arresting agency, processing by the Marshals Service, and interviews by the Pre-Trial Services Department. Finally, it will address significant issues of the Bail Reform Act and procedures at arraignment.


Proffers, Reverse Proffers, Cooperation Agreements, Plea Agreements
Richard Willstatter, Green and Willstatter

Mr. Willstatter’s presentation will look at the details of proffer agreement terms and pitfalls of a proffer agreement, including the Fifth Amendment and immunity orders. The discussion will also define a reserve proffer and how it differs from an “innocence proffer” as well as the terms of a cooperation agreement, including how a client my suffer from its breach. Additionally, attendees will receive input on how to negotiate a plea agreement, the typical provisions of such agreements, and whether one is better off without.


Pretrial Motions, Subpoenas, Motions in Limine
Marc Agnifilo, Brafman & Associates

A brief overview of pre-trial motions, in limine motions and the use of subpoenas in U.S. District Court, focusing on the types of pre-trial motions and in limine motions commonly made and how the motion should be crafted to have the best chance of achieving the desired results. Additionally, a discussion of how defense subpoenas work in the federal system and how to use them effectively.


Nuts & Bolts of Federal Sentencing
Helen Cantwell, Debevoise & Plimpton

This presentation will provide an introduction to federal sentencing and the U.S. Sentencing Guidelines, including an application of the Guidelines. The discussion will also cover tips for effective advocacy at various stages of the sentencing process, potential pitfalls, and recent developments in DOJ policy.


Emerging Ethics Issues For The Criminal Defense Practitioner
Michael Ross, Law Offices of Michael S. Ross

Mr. Ross’s discussion will bring to focus on the ethical topics Criminal Defense practitioners need to be aware of today including attorney-client privilege and privilege waiver issues, claims of ineffective assistance of counsel, legal fee issues, conflicts of interest and conflict waivers, Rule 4.2’s “No Contact Rule,” and withdrawal motions.

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