![]() ![]() ![]() ![]() The government may not use a bill of particulars to cure an indictment lacking an essential element. File the motion to dismiss prior to trial.” §9:35.2 “When a count of an indictment fails to allege an essential element, move to dismiss rather moving for a bill of particulars. “Over the years, federal prosecutors have carved out more and more exceptions in the form proffer letter, and these exceptions result in the client actually receiving very limited protection. For example, the government can use the statements not only to impeach your client’s testimony at trial, but also to refute any defense evidence that is offered during your case-in-chief. In light of these provisions, you should not proceed with a proffer session if a pretrial resolution of the case is unlikely.” §7:46.2 Indictment and Information “If the defendant is ordered released in the criminal case but remains detained because of an ICE or other detainer or because the other agency takes the defendant into custody, the defendant will not automatically receive credit for time served. File a motion to modify the conditions of release and to impose a nominal financial bond. In that circumstance, the defendant will be held because of his failure to post the bond and will continue to receive credit towards any ultimate sentence of imprisonment.” §4:32 Alternatives to Prosecution When both flight and danger to the community are concerns of the court or prosecutor, consider having your client….” §4:15 “Be creative in recommending conditions of release for your client. Federal Criminal Practice is loaded with valuable advice like this: Pretrial Release or Detention Pretrial release strategies, alternatives to prosecution, discovery angles, plea bargaining and agreement suggestions, sentence negotiation tactics, recent case-based examples, dozens of pretrial motions with memoranda, and hundreds of practice tips. Combat many of these changes by employing tips, arguments, and forms in Federal Criminal Practice. Prosecutors are more frequently refusing to produce witness statements before a detention hearing or loading the proffer letter with exceptions. Attorneys’ offices have become more aggressive. Description Federal Criminal Tactics & Tools ![]()
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