Access to these recorded training sessions and any accompanying materials is restricted to employees of federal public and community defender organizations; CJA panel attorneys who accept court appointments to federal criminal cases; and investigators, paralegals and other defense team members who work on CJA panel cases.

CLE Information: Upon viewing a video in its entirety you will be given instructions for obtaining a certificate of completion for that content. You are responsible for submitting the certificate of completion and other required materials to the appropriate CLE compliance organization. Although many of our in-person seminars are approved in their entirety for CLE credit by several states, the individual recorded sessions have not been separately approved for CLE credit. Each video is approximately 50 to 60 minutes long. The exact duration is displayed at the start of each recording.

 


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Race, Ethnicity, and Culture
Collapse How Critical Race Theory Improves Drug Courier and 8 U.S.C. 1326 Representation

This video presentation discusses how criminal defense lawyers can understand illegal entry and drug courier prosecutions through the lens of critical race theory (CRT). It equips lawyers with tools to more effectively represent 1326 and drug courier clients. The presentation begins with how some of CRT's theoretical underpinnings apply to illegal entry and drug courier cases. The presenter analyzes topics such as revisionist historical perspectives, intersectionality, and racial stratification, among others. He describes how these concepts apply to practice and discusses a CRT-based approach to representation at initial appearance, bail hearings, preliminary hearings, disclosure review, voir dire, opening statement, and closing argument.

Formats Available: On-Demand
Original Seminar Date: June 09, 2020
On-Demand Release Date: Available Now

Approved Credit:
  • DSOTD: 1 Minutes

  • MORE INFOMORE INFO How Critical Race Theory Improves Drug Courier and 8 U.S.C. 1326 Representation
    RICO/Hobbs Act
    Collapse Trial Strategies in RICO Cases (12/2018)

    This session will discuss strategies for pre-trial litigation to prepare for trial in as well as strategies for in-trial litigation in RICO cases. This will include a discussion of pre-trial motions, expert witnesses, jury instructions and motions in limine as well as a discussion of pertinent RICO case law.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 0.42 Minutes

  • MORE INFOMORE INFO Trial Strategies in RICO Cases (12/2018)
    Bail/Pretrial Release
    Discovery
    Collapse Pretrial Motions: Stuff To Know To Get The Discovery You Need (1/2017)

    Tired of simply begging the federal prosecutor for the discovery and materials you need? This session will explore the advantages to taking a proactive, rather than a passive, approach to using multiple pretrial motions in combination with third party subpoenas to get more of the discovery and evidence you need. Learn from the combined perspective of a trial lawyer and a death penalty postconviction attorney about other avenues, in addition to Rule 16, to obtain discoverable evidence that might be helpful if considered while mounting a defense to any federal criminal prosecution.

     

    Formats Available: On-Demand
    Original Seminar Date: January 12, 2017
    MORE INFOMORE INFO Pretrial Motions: Stuff To Know To Get The Discovery You Need (1/2017)
    Search and Seizure
    Collapse Where
    Law enforcement's tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for "surveillance fees." That smartphone in a client's pocket may be able to determine a suspect's location, trace phone calls and texts or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as"the virtual biographer of our daily activities" and yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these "virtual biographers."

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 1 Minutes

  • MORE INFOMORE INFO Where
    Collapse The Fourth Amendment and Third Party Doctrine After Carpenter (12/2018)

    Last term, in Carpenter v. United States, the Supreme Court continued its recent trend of recognizing that "digital is different" when it comes to the Fourth Amendment. This session will discuss the Supreme Court's recent technology-related cases with a focus on Carpenter, its narrow holding and broad reasoning, and doors that may now be open for successful Fourth Amendment challenges.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 49.00 Minutes

  • MORE INFOMORE INFO The Fourth Amendment and Third Party Doctrine After Carpenter (12/2018)
    Collapse The Government Had My Wires Tapped: Litigating Title III Wiretap Challenges (12/2018)

    In this era of persistent hacks and little, if any, privacy of your data, where does Title III wiretapping fit in? It now seems quaint that the Supreme Court stated in its landmark case which led to the enactment of the current wiretapping statutes, “[f]ew threats to liberty exist which are greater than that posed by the use of eavesdropping devices.” Berger v. United States, 388 U.S. 41, 63 (1967). Wiretap litigation is a complex, multilayered process. Questions arise regarding the unique discovery production obligations of the government in these cases as well as questions about whether the government properly sought, minimized, maintained and sealed the recordings. Did they seek proper extensions for the continued interception of the electronic recordings? And, of course, was there probable cause and ‘requisite necessity’ to seek the interceptions? These issues and how to litigate them will be discussed. 

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO The Government Had My Wires Tapped: Litigating Title III Wiretap Challenges (12/2018)
    Statements
    Evidence (Including Forensic)
    Collapse Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool (8/2011)
    It seems like everyone these days has a darn Facebook page! What is with all these youngsters posting pictures of themselves on MySpace? Who wants to see strangers engaging in illegal activity, taking drugs, bragging about their exploits and making darn fools of themselves? You do!!!!! There is a bevy of great material out there to impeach snitches, lay witnesses, police officers and just about anyone who logged off the night before and showed up to testify against your client at trial the very next morning. An important look at the new frontier of Internet Social Networks and your next trial.


    These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington.

    The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics & Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday.

    On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns & Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Fingerprints: Understanding & Challenging Science
    • Firearm and Toolmark Identification
    • Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
    • The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
    • Attacking and Understanding DNA 
    • Defending Against Armed Career Criminal & Career Offender Designations
    Formats Available: On-Demand
    Original Seminar Date: August 18, 2011

    Approved Credit:
  • DSOTD: 59.00 Minutes

  • MORE INFOMORE INFO Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool (8/2011)
    Collapse Fingerprints: Understanding & Challenging Science (8/2011)
    This presentation looks at the science behind fingerprint identification.  Learn how an expert matches one fingerprint to another and how to challenge the accuracy of the identification.  Fingerprints identification is far less reliable than previously thought and the science is far shakier than every imagined.  An interesting session which goes far beyond the science of fingerprints.   

    These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington.

    The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics & Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday.

    On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns & Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Fingerprints: Understanding & Challenging Science
    • Firearm and Toolmark Identification
    • Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
    • The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
    • Attacking and Understanding DNA 
    • Defending Against Armed Career Criminal & Career Offender Designations
    Formats Available: On-Demand
    Original Seminar Date: August 18, 2011

    Approved Credit:
  • DSOTD: 64.00 Minutes

  • MORE INFOMORE INFO Fingerprints: Understanding & Challenging Science (8/2011)
    Collapse The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories (8/2012)
    Witnesses, including ones who provide identification, are highly susceptible to false memories based on suggestive police interviews and interrogations as well as the mere passing of time. Everyday people are called upon to identify your clients, clients provide confessions of alleged acts and witnesses take the stand to "recollect" - sometimes months, if not years, after the fact. Hear about important research and real-life cases to better understand the science of memory and how memory, by its nature, is malleable and reconstructive. It's not that memories or witnesses are "bad" per se, but instead the memories are simply false.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 51.00 Minutes

  • MORE INFOMORE INFO The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories (8/2012)
    Collapse Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches (8/2012)
    Trace evidence is often used to place your client at the scene of the crime or to put damning evidence in his hand. While there is much trace evidence to be had, fingerprints, firearm evidence and tool marks make up much of the evidence we have to worry most about. Learn how these examples of trace evidence are weak on their best days, their reliability has been attacked by academic groups, excluded by judges and how best to attack the government’s use of such evidence.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 70.00 Minutes

  • MORE INFOMORE INFO Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches (8/2012)
    Collapse Challenging Laboratory Reports Received in Discovery (8/2012)
    As per Rule 16, you have received laboratory reports and you know the government's expert is going to use these reports to hurt your client - what can you do? This session will detail how to meaningfully challenge the forensic evidence in your case by making specific discovery requests about the analyst, all information relied upon by the analyst in reaching a conclusion, manuals, protocols, databases, policies and accreditation of the lab and its personnel. Do not take these reports for granted and do not take them on face value - dig deeper and hear how to vigorously attack the government's conclusions.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 57.00 Minutes

  • MORE INFOMORE INFO Challenging Laboratory Reports Received in Discovery (8/2012)
    Collapse Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government\
    Before the government introduces "expert" testimony during a sentencing hearing or trial there are a number of effective and creative motions to bar the government from polluting your judge or jury with weak conclusions based on "junk science." The NAS has identified a number of suspect areas such as fingerprints, bite marks, ballistics and other trace evidence and attorneys need to attack early and often before the judge and jury gets polluted.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government\
    Collapse A Busy Lawyer

    Hearsay and character evidence are amongst the most important concepts in evidence. Unfortunately, the state of the law for both concepts can seem muddled and disjointed. If you find yourself wondering whether a statement is hearsay or not, or if you just want to brush up on your evidence, this lecture is for you. You will walk out of this presentation with an approach to hearsay and character evidence that is simple, practical and that you will be able to apply at your next trial.

    Formats Available: On-Demand
    Original Seminar Date: January 13, 2017
    MORE INFOMORE INFO A Busy Lawyer
    Collapse Demonstrative Evidence and Aids (12/2018)

    Sometimes, a picture is worth a thousand words. This session will address the elements of the effective use of audio-visual aids in litigation

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 56.00 Minutes

  • MORE INFOMORE INFO Demonstrative Evidence and Aids (12/2018)
    Collapse DNA: Where to Start in your Case (12/2018)
    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 56.00 Minutes

  • MORE INFOMORE INFO DNA: Where to Start in your Case (12/2018)
    Collapse Challenging Pattern Recognition Evidence - Fingerprints & Firearm Toolmark Analysis (AKA Ballistics) (12/2018)

    This session will address how to challenge pattern-recognition evidence/examiners, focusing on attacking the assumptions made by examiners and exposing the lack of a scientific basis when claims of individualization are made. With the findings in two National Academy of Sciences (NAS) Reports, there is now authority to use when attacking such forensics. No longer can we merely accept the notion that examiners can individualize latent fingerprints and markings on bullets/casings by detecting "unique" characteristics, particularly when both are usually damaged and partial. If you cannot exclude it, where there is a lack of standards for identifying and quantifying so-called individualizing characteristics and a lack of statistical bases for declarations of a match, the jury must be taught that these "experts" are wearing the Emperor’s new clothes when they subjectively declare "I know it when I see it.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Challenging Pattern Recognition Evidence - Fingerprints & Firearm Toolmark Analysis (AKA Ballistics) (12/2018)
    Expert Witnesses
    Collapse Experts: How to Use Them, Abuse Them and Keep Them Off The Stand (8/2012)
    "Experts win cases" and thus, attorneys must consider using experts with every theory of defense when presenting their case to the jury. There simply are few better tools when convincing a jury than a well presented expert. In the alternative, when the government employs an expert a properly prepared defense attorney can turn the government’s devastating tool into a defendant's advantage. This session will look at how best to prepare and use experts, both pretrial and during trial, including admissibility of evidence, qualifying the expert to testify and taking the government"s key witness and turning him into their train wreck.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 24, 2012

    Approved Credit:
  • DSOTD: 61.00 Minutes

  • MORE INFOMORE INFO Experts: How to Use Them, Abuse Them and Keep Them Off The Stand (8/2012)
    Trial Skills and Trial-Related Issues
    Collapse Plenary: Developing a Theory and Theme Driven Trial Strategy (8/2012)
    Brainstorming the facts of a case, developing emotional themes and ending with a unified theory of defense is a key ingredient as trial attorneys create effective openings, directs, crosses and closings. A highly disciplined theory of defense is the key to developing all aspects of a trial and allows a focused performance rather than a trial which suffers from entropy, wanders off road and provides the jury with no emotional reason to acquit. This session will demonstrate the practice of brainstorming, developing emotional themes and arriving at a laser focused theory of defense which will better direct all aspects of a defendant's trial strategy.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 55.00 Minutes

  • MORE INFOMORE INFO Plenary: Developing a Theory and Theme Driven Trial Strategy (8/2012)
    Collapse Openings (8/2012)
    Some studies suggest that 80% of jurors will decide "guilty" or "not guilty"at the end of the opening statements so all defense attorneys must come out effectively swinging from the beginning. Opening statements are not mere recitations of "facts a jury will hear during a trial" or a time to introduce clients, attorneys and important players. Instead, an opening is a presentation where the defense attorney gets the chance to sear into the jurors’ minds an emotional theory of defense which will be front and center throughout the trial. Hear about the critical concepts of "primacy" and "recency," weaving your emotional theory of defense into your opening and getting the jury to follow the pro-defendant narrative throughout the trial.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Openings (8/2012)
    Collapse Computerized Presentations in the Courtroom (8/2012)
    It will be harder and harder to find a federal district court which is not already wired for the computerized presentation of demonstrative evidence and where large screens are not waiting for the fixated members of the jury. More and more attorneys are using computers to present evidence and jurors will be increasingly expecting, wanting and wishing for it. When properly utilized, the visuals provided by computerized presentations can be compelling and leave little room for confusion as attorneys present the finer points of their cases. See examples of several presentation softwares and how powerful they can be when used during openings, directs, crosses and closings.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 62.00 Minutes

  • MORE INFOMORE INFO Computerized Presentations in the Courtroom (8/2012)
    Collapse Impeaching Testifying Witnesses (1/2014)

    The credibility and believability of alleged co-conspirators or cooperating informants is often central to the prosecution’s proof against defendants going to trial.  This session offers an insightful overview of pretrial investigation and cross-examination techniques when defending a client whose liberty hangs in the balance based primarily on whether a jury believes the testimony of a co-conspirator or informant.

     

    The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.


    The following Winning Strategies presentations were recorded and are available for viewing:

    • Impeaching Testifying Witnesses
    • Important Issues to Consider When Defending Clients in Child Porn Cases
    • How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
    • Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
    • Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
    • Opening Statements:  Winning It Now -- Winning It Here
    • "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    • Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: January 30, 2014
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Impeaching Testifying Witnesses (1/2014)
    Collapse "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference

    Demonstrative evidence is anything and everything, regardless of whether admissible or even offered as evidence.  This includes attorney/client/witness demeanor in the courtroom, which tends to convey to and evoke from the jury a "sense impression" that will benefit our case, whether through advancing our case in chief or diminishing the prosecution’s case.  This session will show you how to use everything and anything to further your defense case to the jury.

     

    The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.


    The following Winning Strategies presentations were recorded and are available for viewing:

    • Impeaching Testifying Witnesses
    • Important Issues to Consider When Defending Clients in Child Porn Cases
    • How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
    • Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
    • Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
    • Opening Statements:  Winning It Now -- Winning It Here
    • "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    • Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: January 31, 2014

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    Collapse Opening Statements:  Winning It Now -- Winning It Here

    What a confused, possibly fearful, jury needs, wants and deserves from you, its orientation leader.  Opening statements establish the context in which the jurors will interpret all of the evidence they hear during the trial.  Learn how to use this opportunity to communicate your theory of defense to the jury.

     

    The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.


    The following Winning Strategies presentations were recorded and are available for viewing:

    • Impeaching Testifying Witnesses
    • Important Issues to Consider When Defending Clients in Child Porn Cases
    • How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
    • Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
    • Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
    • Opening Statements:  Winning It Now -- Winning It Here
    • "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    • Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

     

    Formats Available: On-Demand
    Original Seminar Date: January 31, 2014

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Opening Statements:  Winning It Now -- Winning It Here
    Collapse A Drug is Not a Drug. A Gun is Not a Gun. Ten Questions You Need to Ask to Lift the Veil (12/2018)

    This session explores the concept that there are no typical or normal drug and gun cases. But there are tools which will be discussed to help expose the government’s motivation to bring the case.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 53.00 Minutes

  • MORE INFOMORE INFO A Drug is Not a Drug. A Gun is Not a Gun. Ten Questions You Need to Ask to Lift the Veil (12/2018)
    Collapse Effective Use of Data and Experts to Litigate Race (12/2018)

    Experts can help courts and juries understand the importance of race in various areas that impact clients’ life experiences both prior to and within the context of the criminal justice system.This presentation will focus on how to recognize the need for such experts and how to obtain funding for their services.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 53.00 Minutes

  • MORE INFOMORE INFO Effective Use of Data and Experts to Litigate Race (12/2018)
    Collapse The Government\

    Way back in 1954, the Supreme Court acknowledged the “informant’s privilege,” allowing the government to withhold the identities of behind-the-scene tipsters. More than a half-century later, that game has changed. Often invoking concerns about witness safety, the government is now concealing the names of even eyewitnesses to the charged crime. And sensitive to witness safety, our courts are inclined to aid-and-abet that concealment. What can we do? The federal rules regarding what is due, when, are fuzzy, and local discovery practice varies from district-todistrict. So this program doesn’t promise one-size-fits-all answers. And it’s not about early production of witness lists. Instead, it hopes to diagnose a problem: the government’s sometimes unconstitutional interference with the defense function. Acknowledging a difference between all that what we want and what we truly need, this program envisions a withinsession dialog about getting what we need.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 48.00 Minutes

  • MORE INFOMORE INFO The Government\
    Pleas and Plea Negotiations
    Collapse Plea Negotiations and Proffers (2/2011)

    A discussion of how to negotiate a plea, with a particular focus on providing charge alternatives that limit a client's exposure, and avoiding pitfalls as you guide your client through proffers to the government.  


    These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.

    The following Winning Strategies presentations were recorded and are available for viewing:

    • Other Computer Crimes - Child Pornography Isn't The Only Game in Town
    •  Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
    • Introduction to Defending Computer Based Child Pornography Cases
    • Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Mitigation Experts/Tools/Tricks/Fireworks
    • Determining "Crimes of Violence" & "Violent Felonies"
    • The ABC's of Computer Crimes' Forensics
    • Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 

    The Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday.

    The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing:

    • Bail Reform Act
    • Plea Negotiations and Proffers
    Formats Available: On-Demand
    Original Seminar Date: February 10, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 47.00 Minutes

  • MORE INFOMORE INFO Plea Negotiations and Proffers (2/2011)
    Collapse Getting The Most Out of Plea Agreements, Cooperation and Navigating the Dangers of a Proffer (1/2017)

    These presentations were recorded January 12 -14 2017, during the Winning Strategies Seminar and Fundamentals of Federal Criminal Defense Training in Long Beach, California.

    Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretiral, trial, sentencing and appellate relief in a wide variety of federal cases.

     

     

     

    X
    X
    X
    X
    X
    X
    Formats Available: On-Demand
    Original Seminar Date: January 12, 2017
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 55.00 Minutes

  • MORE INFOMORE INFO Getting The Most Out of Plea Agreements, Cooperation and Navigating the Dangers of a Proffer (1/2017)
    Sentencing
    Collapse Litigating Mitigating Factors: Departures, Variances, and Alternatives To Incarceration

    The 2010 Guideline amendments specifically set forth sentencing possibilities which may serve as an alternatives to incarceration. Alternatives such as treatment for substance abuse and mental health conditions as well as departures for age, physical condition (including substance abuse), mental and emotional conditions, and military service must be revisited and offered up to the sentencing court as appropriate alternative options to fulfill the sentencing requirements set forth in 18 U.S.C. § 3553(a). This session will explore the practical implications of the amendments and ways to advocate for options which move away from incarceration.


    These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.

    The following Winning Strategies presentations were recorded and are available for viewing:
    • Other Computer Crimes - Child Pornography Isn't The Only Game in Town
    •  Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
    • Introduction to Defending Computer Based Child Pornography Cases
    • Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Mitigation Experts/Tools/Tricks/Fireworks
    • Determining "Crimes of Violence" & "Violent Felonies"
    • The ABC's of Computer Crimes' Forensics
    • Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 
    The Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday.

    The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing:
    • Bail Reform Act
    • Plea Negotiations and Proffers
    Formats Available: On-Demand
    Original Seminar Date: February 10, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 69.00 Minutes

  • MORE INFOMORE INFO Litigating Mitigating Factors: Departures, Variances, and Alternatives To Incarceration
    Collapse Determining "Crimes Of Violence" & "Violent Felonies" (8/2011)

    No single sentencing calculation inflicts more harm than a determination that a client’s previous conviction(s) qualifies as a "crime of violence" or "violent felony." Such a finding exposes the client to huge guideline offense-level enhancements and/or to increased statutory minimum sentences. But recent Supreme Court jurisprudence in Johnson, James, and Begay has significantly empowered defense counsel to combat these designations. This session will teach you how to determine whether a previous conviction actually qualifies as a crime of violence or violent felony and how to defend against any such erroneous characterization.


    These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.

    The following Winning Strategies presentations were recorded and are available for viewing:
    • Other Computer Crimes - Child Pornography Isn't The Only Game in Town
    • Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
    • Introduction to Defending Computer Based Child Pornography Cases
    • Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Mitigation Experts/Tools/Tricks/Fireworks
    • Determining "Crimes of Violence" & "Violent Felonies"
    • The ABC's of Computer Crimes' Forensics
    • Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 
    The Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday.

    The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing:
    • Bail Reform Act
    • Plea Negotiations and Proffers
    Formats Available: On-Demand
    Original Seminar Date: February 12, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 50.00 Minutes

  • MORE INFOMORE INFO Determining "Crimes Of Violence" & "Violent Felonies" (8/2011)
    Collapse Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client\
    Attacking the Guideline’s "second axis," criminal history, requires a keen understanding of how the Sentencing Commission justified guideline range increases based on past convictions and how the "science" behind the guidelines may be lacking. This session will discuss some of the common tools used to predict recidivism (criminal history scores, actuarial risk assessments) and how attorneys can use them to advocate for lower sentences.  It will also discuss common barriers to reentry and how they may be used to explain why your client may not be as "bad" as the criminal history score suggests. An important session, which explores how to advocate for departures based upon over representation of criminal history and variances based on 18 U.S.C. § 3553(a) factors. 

    These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington.

    The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics & Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday.

    On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns & Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Fingerprints: Understanding & Challenging Science
    • Firearm and Toolmark Identification
    • Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
    • The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
    • Attacking and Understanding DNA 
    • Defending Against Armed Career Criminal & Career Offender Designations
    Formats Available: On-Demand
    Original Seminar Date: August 19, 2011

    Approved Credit:
  • DSOTD: 53.00 Minutes

  • MORE INFOMORE INFO Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client\
    Collapse Defending Against Armed Career Criminal & Career Offender Designations
    Few areas of defense are more frustrating than dealing with this draconian fifteen year mandatory.  We know the dread of seeing our client’s three relevant prior convictions and yet, after that dread clears we can attack, defend and deflect the ACCA and Career Offender designations - learn how.

    These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington.

    The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics & Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday.

    On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns & Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Fingerprints: Understanding & Challenging Science
    • Firearm and Toolmark Identification
    • Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
    • The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
    • Attacking and Understanding DNA 
    • Defending Against Armed Career Criminal & Career Offender Designations
    Formats Available: On-Demand
    Original Seminar Date: August 19, 2011

    Approved Credit:
  • DSOTD: 54.00 Minutes

  • MORE INFOMORE INFO Defending Against Armed Career Criminal & Career Offender Designations
    Collapse Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence (8/2012)
    A lively romp through the fantastic possibilities of bringing your client's story to life during the sentencing phase. There are a variety of experts and tools you can use when emphatically telling the court about the mitigating factors which should result in your client's lower sentence. This well regarded presentation takes aim at opening your mind up to re-thinking strategies which may result in the court embracing your pitch for a variant/lesser sentence. Judges are repeatedly telling us they want more information and this session discusses that information and how to effectively present it.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 42.00 Minutes

  • MORE INFOMORE INFO Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence (8/2012)
    Collapse The Federal Sentencing Guidelines: Walking Before We Run (1/2017)

    The key to mastering the application of the federal sentencing guidelines, and then avoiding the full brunt of what they call for, is understanding their fundamentals: the theories upon which they operate. A solid grasp of those fundamentals is equally important to helping clients better understand their place on the sentencing table. This session focuses on a big picture understanding of the guidelines. It is ideal for the less seasoned federal practitioners, but useful as a refresher for everyone.

    Formats Available: On-Demand
    Original Seminar Date: January 13, 2017
    MORE INFOMORE INFO The Federal Sentencing Guidelines: Walking Before We Run (1/2017)
    Collapse The Federal Sentencing Guidelines: Let

    Working from the fundamentals that were the focus of the earlier session, this hour will explore particular aspects of guideline application. As importantly, time will be devoted to mitigating the guidelines: effectively communicating to the sentencing judge how and why, on case-specific terms, the correct calculation of a client’s offense level and criminal history score produces a recommended sentence greater than necessary to serve the goals of federal sentencing.

    Formats Available: On-Demand
    Original Seminar Date: January 13, 2017
    MORE INFOMORE INFO The Federal Sentencing Guidelines: Let
    Collapse Challenging Drug Predicates (12/2018)

    Does it seem like nothing is a crime of violence but everything is a controlled substance offense? In this session, we will share legal challenges to the characterization of offenses as controlled substance offenses (Guidelines), felony drug offenses (851), and serious drug offenses (ACCA). More ways to save your client years, even decades, in prison.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 49.00 Minutes

  • MORE INFOMORE INFO Challenging Drug Predicates (12/2018)
    Collapse The Categorical Approach - A Primer (12/2018)

    “I love the categorical approach!” – said no federal practitioner (or court), ever. The categorical approach has been a thorn in our sides since it was created by the Supreme Court in Taylor v. United States, 495 U.S. 575 (1990). From the Armed Career Criminal Act, to Section 924(c); from the career offender guideline, to child pornography sentencing enhancements, the categorical approach cannot be avoided. But while it may be here to stay, this analytical framework has proven to be one of our greatest tools to achieve substantive relief for our clients. In this interactive presentation, attendees will work through each step of the categorical and modified categorical approach analyses. The presentation will place particular emphasis on post-Mathis issues of statutory divisibility and the use of Shepard-approved documents. Attendees will leave this session with a greater comfort in employing the categorical approach, will be able to identify common missteps and opportunities for advocacy, and will perhaps even leave with some fondness for the framework so many have grown to hate.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 52.00 Minutes

  • MORE INFOMORE INFO The Categorical Approach - A Primer (12/2018)
    Probation/Supervised Release
    Collapse The Fine Print & Not Letting Clients Be Doomed to Sentencing Conditions: Avoiding Courts Imposing Restrictive Conditions During Supervised Release or Probation (8/2011)
    At the end of a hard-fought sentencing you breathe a sigh of relief and a start to gather up your file. But wait!  The judge is still talking!  By checking out early, you may have doomed your client to years (or, in the case of some offenders, a lifetime!) of oppressive conditions of supervised release.  Supervised release conditions are among the most litigated aspects of sentencing today.  This session provides strategies for fighting special conditions, particularly the onerous conditions imposed on clients with current or past sex offenses. For these offenders there are issues abound – internet access, employment, housing, child visitation, and even access to movies and magazines.  Learn the tricks of overzealous courts and probation officers and gain new tactics of your own as you struggle to keep your clients free upon release.  

    These presentations were recorded August 18-19, 2011, during the Multi-Track Seminar in Seattle, Washington.

    The seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2011 in Seattle were: 1) Immigration with a focus on Padilla 2) Sentencing in a post-Bookerworld; 3) Experts, Forensics & Science; 4) Computer Crimes and Handling of Electronic Discovery; and 5) Drugs, Guns and Money. Tracks 1-4 were presented in four distinct hour-long time blocks. Those sessions were presented on Thursday, August 18, 2011 and then repeated on Friday, August 19, 2011. This design provided seminar participants the opportunity to attend two of the four separate tracks that took place on Thursday and Friday.

    On Saturday, August 20, 2011, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Drugs, Guns & Money. These Saturday sessions addressed topics of general interest and importance to criminal defense practitioners. Each session was presented twice so that attendees were able to attend at least two areas of interest.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Fingerprints: Understanding & Challenging Science
    • Firearm and Toolmark Identification
    • Recidivism, Recidivism, Recidivism:  How to Mitigate Your Client's Criminal History
    • The Fine Print:  Avoiding Restrictive Conditions of Supervised Release 
    • Attacking and Understanding DNA 
    • Defending Against Armed Career Criminal & Career Offender Designations
    Formats Available: On-Demand
    Original Seminar Date: August 19, 2011

    Approved Credit:
  • DSOTD: 51.00 Minutes

  • MORE INFOMORE INFO The Fine Print & Not Letting Clients Be Doomed to Sentencing Conditions: Avoiding Courts Imposing Restrictive Conditions During Supervised Release or Probation (8/2011)
    Bureau of Prisons
    Collapse Practical Tips If Your Client Faces incarceration In A Federal Prison (1/2017)

    This session will provide practical tips if your client faces federal imprisonment. It will include factors to consider for your client to obtain a federal sentence at the least restrictive possible facility and receive the earliest feasible release date.

    Formats Available: On-Demand
    Original Seminar Date: January 13, 2017
    MORE INFOMORE INFO Practical Tips If Your Client Faces incarceration In A Federal Prison (1/2017)
    Computer & Tech Issues
    Collapse The ABC

    All is not as it seems when it comes to computers. Is what you see on the screen really there? And how did it get there? Does it belong to your client? Who put it there and when did it get there? These questions may be key to your defense. This session addresses those and similar issues that arise in cases involving computers.


    These presentations were recorded February 10-12, 2011, during the Winning Strategies Seminar and the Fundamentals of Federal Criminal Defense Training in San Antonio, Texas. Drawing its faculty from the ranks of federal judges, defenders and practitioners, the Winning Strategies Seminar presented legal techniques for use in securing pretrial, trial, sentencing and appellate relief in a wide variety of federal cases. Winning Strategies was a three day program which began on February 10 and concluded on February 12, 2011. The seminar employed both plenary and break-out instructional sessions to present "nuts and bolts" defenses to firearms, drugs, child pornography and immigration prosecutions – as well as to present defenses to more novel prosecutions such as mortgage fraud, identity-theft, etc. Additionally, Winning Strategies provided important guidance and insights concerning the new post-Booker sentencing landscape now facing federal defense attorneys. Participants received analysis of the Supreme Court's recent criminal law decisions and insights into that Court's pending criminal cases. They also head forecasts from the Sentencing Resource Counsel's representatives on proposed guideline amendments and learned strategies to better advocate for – and achieve – just sentences.

    The following Winning Strategies presentations were recorded and are available for viewing:
    • Other Computer Crimes - Child Pornography Isn't The Only Game in Town
    • Litigating Mitigating Factors: Departures, Variances, and Alternatives to Incarceration
    • Introduction to Defending Computer Based Child Pornography Cases
    • Recurring Issues with Gangs, RICO and Dealing with Co-Defendants and Avoiding Guilt(y) by Association
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Mitigation Experts/Tools/Tricks/Fireworks
    • Determining "Crimes of Violence" & "Violent Felonies" 
    • The ABC’s of Computer Crimes' Forensics
    • Panel Discussion: Ethical Issues Confronting Criminal Defense Attorneys 
    The Fundamentals of Federal Criminal Defense Training (Fundamentals) was a full day program specifically designed for practitioners who are new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients. It was offered concurrently with the first day of the Winning Strategies Seminar. After participating in the Fundamentals, attorneys were encouraged to participate in the remaining Winning Strategies sessions which continued on Friday and Saturday.

    The following Fundamentals of Federal Criminal Defense Training Sessions were recorded on February 10, 2011, and are available for viewing:
    • Bail Reform Act
    • Plea Negotiations and Proffers
    Formats Available: On-Demand
    Original Seminar Date: February 12, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 58.00 Minutes

  • MORE INFOMORE INFO The ABC
    Collapse Computer Forensics 101 (8/2010)
    This presentation provides attendees with the basic information that they need to understand the terminology, concepts, and technology of computer forensics. Among the topics covered: why computer forensics is possible (hint: the delete key is a myth); how to read a law enforcement forensics report; deposing and cross examining a computer forensics expert; when to hire an independent computer forensics examiner in criminal or civil cases; and, trends in computer forensics court decisions. 

    These presentations were recorded October 13-14, 2011, during the Criminal Justice Act Panel Training for the Southern Federal Defender Program in Mobile, Alabama. The seminar is the yearly training program offered by the defender office for the local CJA panel. It addressed a number of criminal legal topics of both local and national interest.

    The following presentations were recorded and are available for viewing:
    • Motions In Limine: New Areas of Attack When At the Threshold
    • Computer Forensics 101
    • Peer-to-Peer Crimes and Investigations: An Overview
    • 3553(a): Two Stories, One Goal
    • Defending Those Who Defend Us - Considerations When Defending Veterans
    • Defending Against Sentencing Enhancements in Immigration Case
    • Sentencing: Deconstructing Drug Guidelines
    Formats Available: On-Demand
    Original Seminar Date: October 13, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 81.00 Minutes

  • MORE INFOMORE INFO Computer Forensics 101 (8/2010)
    Collapse How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. (8/2010)

    Law enforcement’s tracking of cell phones has become a powerful and widely used surveillance tool for both federal authorities and local police alike, with hundreds of departments aggressively tracking cell phones with little to no court oversight. The practice of tracking cell phones and smartphones has become big business for companies with some carriers marketing a host of services to law enforcement for “surveillance fees.” That smartphone in a client’s pocket may be able to determine a suspect’s location, trace phone calls and texts, or provide other services to inquiring law enforcement. Some in law enforcement describe these devices as “the virtual biographer of our daily activities.”  Yet, there are pitfalls, misleading data and misunderstood technology which may lead to erroneous conclusions by law enforcement and attorneys alike. This discussion will get attorneys started on learning the lay of the land and help attendees understand the issues, the technology and the problems with over reliance on these “virtual biographers.”


    The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.


    The following Winning Strategies presentations were recorded and are available for viewing:

    • Impeaching Testifying Witnesses
    • Important Issues to Consider When Defending Clients in Child Porn Cases
    • How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
    • Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
    • Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
    • Opening Statements:  Winning It Now -- Winning It Here
    • "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    • Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys

     

    Formats Available: On-Demand
    Original Seminar Date: January 31, 2014
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc. (8/2010)
    Supreme Court Update
    Ethics
    Collapse Plenary: Ethical Issues Confronting Criminal Defense Attorneys
    While lawyers may not always agree on what is best, this discussion provides meaningful questions, good answers and make us all laugh about the trials and tribulations we often experience when trying to make even the most difficult clients happy - and all while making sure we meet our ethical obligations.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 25, 2012

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Plenary: Ethical Issues Confronting Criminal Defense Attorneys
    Collapse Ethically Investigating and Preparing Your Snitch Using Social Media, Rule 17(c) Subpoenas, Cell Phone Data, and Anything Else You Can Find (12/2018)

    This interactive session will discuss the key Rules of Professional Conduct that should guide attorneys when collecting and using social media, subpoenas, cell phone data, and anything else you can find to destroy the government’s key witness—the snitch.

    Formats Available: On-Demand
    Original Seminar Date: December 01, 2018
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Ethically Investigating and Preparing Your Snitch Using Social Media, Rule 17(c) Subpoenas, Cell Phone Data, and Anything Else You Can Find (12/2018)
    Mental Health
    Collapse Recognizing and Confronting Mental Health Issues
    Forty-five percent of federal prisoners have had a mental health problem, and 40% of federal prisoners have had symptoms of a mental health disorder. In the post-Booker world, the history and characteristics of the offender are important sentencing considerations for the court. This session focuses on how to use a history and symptoms of mental illness to inform the sentence of the appropriate, and below guidelines sentence. Learn about the signs that could indicate the need for further evaluation and what to do with the information once you have it.

    These presentations were recorded August 12-14, 2010, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Miami, Florida.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense topic areas. Five of the tracks - Fraud, Computer Crimes, Immigration, Sentencing and Forensics - were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 12, 2010, and then repeated on Friday, August 13, 2010. The seminar design provided seminar participants with the opportunity to attend two of the five separate tracks taking place on Thursday and Friday. On Saturday, August 14, 2010, seminar participants had the opportunity to attend both plenary and small group breakout sessions. Those sessions addressed topics of general interest and importance to criminal defense practitioners.

    The following Multi-Track presentations were recorded and are available for viewing:
    • Facebook, Myspace, The Joys/Dangers of Internet Social Networks and How to Use Them as a Litigation Tool
    • Litigation Tactics and Defending A Mortgage Fraud Case
    • Discovery and Challenges to Crime Labs
    • How a Criminal Conviction Will Impact Your Client's Future Immigration Status
    • Defending Against Charges of Alien Smuggling, Alien Transportation, and Alien Harboring
    • Supreme Court Update
    • Identity Theft
    • Isms and Schisms - How We Unknowingly Make Decisions Which Impact Our Cases
    • Recognizing and Confronting Mental Health Issues
    • The Nuts and Bolts of Trying Firearms Cases
    • Panel Discussion "Ethical Issues Confronting Criminal Defense Attorneys"

    The Fundamentals of Federal Criminal Defense Training was a full day program specifically designed for practitioners who were new to federal criminal defense practice. It provided the opportunity to receive instruction on the areas most vital to providing an effective defense for their clients.

    The following Fundamentals of Federal Criminal Defense Training Sessions were recorded and are available for viewing:
    • Discovery Issues With a Twist – Rule 16 and More
    • Introduction to the Federal Sentencing Guidelines (Sentencing Guidelines 101)
    • Practical Tips if Your Client Faces Incarceration in a Federal Prison
    Formats Available: On-Demand
    Original Seminar Date: August 14, 2010
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Recognizing and Confronting Mental Health Issues
    Collapse Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It

    According to the Centers for Disease Control and Prevention (CDC), Fetal Alcohol Syndrome Disorders (FASD) is a group of conditions that can occur in a person whose mother drank alcohol during pregnancy.  The recently published DSM-5 recognized FASD as a neurodevelopmental disorder (i.e., Neurodevelopmental Disorder associated with Prenatal Alcohol Exposure, or ND-PAE).  FASD includes a range of disorders that depend on the type of symptoms the person experiences, including:  Fetal Alcohol Syndrome (FAS); Alcohol-Related Neurodevelopmental Disorder (ARND); and Alcohol-Related Birth Defects (ARBD).  Because as many as 60 percent of those with FASD have a history of trouble with the law — with the average age of initial juvenile justice system contact being 12.8 years — the ABA recently called for enhancing FASD awareness among lawyers and judges, including the value of interdisciplinary collaboration to better help those with these conditions.  Learn more about the part FASD may play in your case.

     

    The Winning Strategies Seminar, took place January 30 to February 1, 2014.  It brought together a dynamic group of attorneys, professionals and judges, speaking on a wide variety of topics specifically designed to keep panel attorneys abreast of the most recent and important developments in federal criminal defense. The program included both large plenary lectures as well as smaller "break-out" lectures, covering topics that meet the needs of  the advanced practitioner and the less experienced attorney alike.  Sessions included sessions on new sentencing strategies in a post-Booker world, persuading judges to move away from over-dependence on the Guidelines, recurring issues in drug cases, how to best take advantage of proffers and cooperation, Supreme Court updates, ethics and more.


    The following Winning Strategies presentations were recorded and are available for viewing:

    • Impeaching Testifying Witnesses
    • Important Issues to Consider When Defending Clients in Child Porn Cases
    • How Law Enforcement Can, or Cannot, Track People Using Their Cell Phones, iPads, Blackberries, GPS, Etc.
    • Enticers and Travelers -- Law and Strategy for Fighting "Child Sex" Cases
    • Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It's Not Just an Excuse
    • Opening Statements:  Winning It Now -- Winning It Here
    • "Do You Hear What I Hear?"  Why Demonstrative Evidence Makes A Difference
    • Panel Discussion:  Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: January 31, 2014

    Approved Credit:
  • DSOTD: 60.00 Minutes

  • MORE INFOMORE INFO Educating the Legal System About Fetal Alcohol Syndrome Disorders -- It
    Immigration Consequences of Conviction
    Collapse Padilla and Attorneys
    The Supreme Court's recent holding in Padilla v. The Commonwealth of Kentucky now means the lawyer for an alien charged with a crime has a constitutional obligation to tell the client that a guilty plea carries a risk that he will be deported. Yet, under what circumstances does this new constitutional obligation arise and to what degree must the criminal defense attorney delve into advising the client about civil immigration law? This session will help explain how attorneys can best handle not killing their client’s chances of remaining in the country and to what degree a criminal defense lawyer must take on the new role of Immigration Lawyer.

    These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.

    The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.

    On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.

    The following sessions were recorded and are available for viewing:
    • Padilla and Attorneys' Obligations When Advising Clients
    • The Science of False Recollection: Mistaken Memories and How to Attack Identification and Other Witness Memories
    • Where's Waldo?: Tracking People Using Their Cell Phones, IPADS, Blackberrys, GPS Enabled Gadgets and Other Devices
    • Sentencing Guideline Issues in Illegal Reentry Cases: Getting the Correct Guideline Calculations and Departures Your Client Deserves
    • Mitigation Experts/Tools/Tricks/Fireworks When Arguing for a Better Sentence
    • CJA Resources
    • Understanding the NAS Report and Filing Pre-Trial Motions to Attack the Government's Use of Expert Testimony
    • Laboratory Reports Received in Discovery
    • Critical Issues to Consider When Defending Immigration Matters
    • Experts: How to Use Them, Abuse Them and Keep Them Off The Stand
    • Attacking Trace Evidence Such as Fingerprints, Tool Marks and Firearm Matches
    • Developing a Theory and Theme Driven Trial Strategy
    • Openings
    • Computerized Presentations in the Courtroom
    • Ethical Issues Confronting Criminal Defense Attorneys
    Formats Available: On-Demand
    Original Seminar Date: August 23, 2012

    Approved Credit:
  • DSOTD: 70.00 Minutes

  • MORE INFOMORE INFO Padilla and Attorneys
    Civil Commitment of Sex Offenders
    CJA Panel Information
    Collapse Essential Role of Investigation in CJA Cases (1/2017)

    As cases continue to grow complex with more discovery and information regarding the guilt phase as well as the sentencing phase, the services of a trained and dedicated investigator can be invaluable. Hear from a long time indigent defense investigator about the road map towards a successful investigation in all phases of a CJA case. An attorney will join the discussion of how the investigator can assist throughout the life cycle of a case, including quickly locating and interviewing witnesses, obtaining information from digital and paper records and seeking out information that can be important factors for the court to consider at sentencing. The discussion will include information about how to obtain funding for investigative and other expert services.

    Formats Available: On-Demand
    Original Seminar Date: January 12, 2017
    MORE INFOMORE INFO Essential Role of Investigation in CJA Cases (1/2017)
    Crime Victims Rights
    Veterans Issues
    Collapse Defending Those Who Defend Us - Considerations When Defending Veterans (10/2011)
    The adjustments to the illegal re-entry guideline can add 4 to 6 years to a recommended sentence. This presentation focuses on a systematic approach to legal objections involving crimes of violence, drug trafficking offenses, aggravated felonies, and felonies designed to minimize the effect of these upward adjustments.

    These presentations were recorded October 13-14, 2011, during the Criminal Justice Act Panel Training for the Southern Federal Defender Program in Mobile, Alabama. The seminar is the yearly training program offered by the defender office for the local CJA panel. It addressed a number of criminal legal topics of both local and national interest.

    The following presentations were recorded and are available for viewing:
    • Motions In Limine: New Areas of Attack When At the Threshold
    • Computer Forensics 101
    • Peer-to-Peer Crimes and Investigations: An Overview
    • 3553(a): Two Stories, One Goal
    • Defending Those Who Defend Us—Considerations When Defending Veterans
    • Defending Against Sentencing Enhancements in Immigration Case
    • Sentencing: Deconstructing Drug Guidelines
    Formats Available: On-Demand
    Original Seminar Date: October 13, 2011
    On-Demand Release Date: Available Now

    Approved Credit:
  • DSOTD: 71.00 Minutes

  • MORE INFOMORE INFO Defending Those Who Defend Us - Considerations When Defending Veterans (10/2011)