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Federal Prosecutor’s Perspective Federal Prosecutor’s Perspective

Federal Prosecutor’s Perspective - PowerPoint Presentation

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Uploaded On 2018-02-21

Federal Prosecutor’s Perspective - PPT Presentation

John d Pritchard assistant united states attorney Disclaimer The Prosecutors Mind Alafair Burke Former prosecutor author law professor and daughter of James Lee Burke What Prosecutors Think ID: 633791

zone federal court sentencing federal zone sentencing court cases panel criminal time requirements prison probation confinement experience minimum prosecutors

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Slide1

Federal Prosecutor’s Perspective

John d. Pritchard, assistant united states attorneySlide2

DisclaimerSlide3

The Prosecutor’s Mind

Alafair

Burke

Former prosecutor, author, law professor, and daughter of James Lee BurkeSlide4

What Prosecutors Think

Prosecutors see wrongful convictions as statistical anomalies and bad actors as incredibly uncommon.

They also see themselves as ethical attorneys.

Confirmation Bias is everywhere. (We win. A lot.)

Conviction Rate

Guilty pleas

“Weak” cases

“Reciprocal discovery”

“Transfers” tend to go one-waySlide5

Negotiating with Prosecutors

What to Do:

Be candid about what you want.

Know your case.

Respect the prosecutor’s time.

What Not to Do:

Be unsure of what your client will accept before negotiating.

Appeal to religion

“I’ve already punished them.”

Forget that in a plea bargain, the state/government needs to get a piece of the bargain.Slide6

Getting on the Panel

Compensation is

$127/hour until January 2016

Panel requires: NC licensure, WDNC bar membership, Admitted to the 4

th

Circuit Court of Appeals, 2 years federal criminal experience or a minimum of 5 years state law experience, served as counsel in 2 jury trials AND either first or second chair (with significant duties) in 2 federal criminal trials. (This is among other requirements.)

http://tinyurl.com/panelwdnc

Transitional panel: Established for attorneys who meet the requirements except for federal experience. Allows you to represent clients in supervised release violations, probation violations, and misdemeanors, with opportunity to advance to full panel with certain requirements.

May apply at any time, but membership usually reopens in the summer. Expect announcement in May/June.

Most recent app:

http://tinyurl.com/panelapp2014Slide7

Initiation of Criminal Proceedings in Federal Court

Indictments

Bills of Information

Complaints

Target LettersSlide8

The Magistrate Court

Initial Appearance

Court Appointed Counsel

Government moves to detain or for release on conditions

Secured Bond?

Preliminary Hearing

Detention Hearing: 18 U.S.C. 3142

Rebuttable Presumption cases

Otherwise, safety of any other person and community, risk of flight or obstruct justiceSlide9

NC Sentencing vs. Federal Sentencing

Similarities

There is a grid!

Horizontal & Vertical Axes.

Horizontal Axis is for Criminal History.

Differences

Vertical Axis is for classification of the crime but doesn’t have all the adjustments of the U.S.S.G.

Think of every number you see there as a minimum term of incarceration. (More later.)

Mandatory

. There are no variances/departures.Slide10

Other Sentencing Tips

Pre-Sentence Reports (PSR)

Consolidated vs Consecutive

Variances/Departures

Typical reduction for cooperation: 3 levels if adjusted offense level is 16 or greater, 2 otherwise

Zone A: Probation or Prison

Zone B: Probation with intermittent confinement, home confinement, or community confinement, or Prison

Zone C: Zone B except one-half of term must be imprisonment

Zone D: Prison

Prisoners serve 85% of sentence if given more than a yearSlide11

Substantial Assistance

U.S.S.G. 5K1.1

“Upon motion of the government…”

Typically filed about a week before sentencing

Okay to remind prosecutor

“[T]

ruthfulness

, completeness, and reliability…”

How can your client blow it?

Also a statutory motion to allow sentencing below mandatory minimum.Slide12

CVB

Petty offenses, 6 month maximums or $5000 fine

What we report

NC DWI laws apply

Collaterals

What to expect in certain casesSlide13

Judges

Howell:

On time is late

Documents done beforehand

Calls cases

M-W-F schedule

If interpreter, read it all

Reidinger

:

Objections in plenty of time, preferably a week

“Blind Judge Rule”—14 Point Times New Roman font

Socratic method

Expressed displeasure with preparation of defense attorneys at last federal

bar meeting