The O'Connor Criminal Case Checklist

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by: Abassos • January 31, 2011 • no comments

What follows is Chris O'Connor's checklist for organizing a criminal case. The checklist was prepared by Chris for the recent OCDLA New Lawyer's Conference.

General Case Assessment

• Charging document
• Information v. Grand Jury
• Police reports (do you have them all?)
• Probable cause affidavits
• Jail documents /Recog Reports

Charges

• Charging documents
• Statutes
  • Max sentences/fines?
  • Demurrers appropriate?
  • Diversion programs available?
  • Codefendants?
  • Types of pre-trial motions (suppression)
  • Charges the DA missed

Pre-indictment negotiation

Conflict Check

Location awareness

• Google Map
• Google Street View
• Weather Conditions
• Lighting

Client Assessment

• Language (interpreter needed?)Determine custody status
• Determine custody status
  • Release issues?
  • Bail issues?
• Phone
• Address
• Back up contact information
• Other active cases
  • Other cases in county?
  • Other probation/parole/PPS matters?
• Criminal history
• Education status
• Medical status
• Military status
• Immigration status
• Mental Health status

Initial Legal Review

• Jurisdiction correct?
• Demurrer needed
• Statute of limitations
• Speedy trial issues?
• Motion to suppress?
• Do any defenses need experts/notices/motions?
• Can client aid and assist in own defense
• Initial sentencing assessment
  • Max/Min penalties
  • Presumptive penalties
  • Mandatory minimums
  • Consecutive/concurrent
  • Same/Separate criminal episodes?
  • Special rules
  • Upward departures

Witness Assessment

• Witness list
• Any statements from witnesses?
• Any additional witnesses?
• Impeachment material
  • Criminal history
  • Other statements
• Special subpoenas needed? (medical records)

Gather Additional Information

• Any follow-up police reports
• BOEC/ 911/ dispatch recordings
• MDT data terminal logs
• Facebook / Myspace /social media
• News articles
• Visit the scene
• Visit the evidence in evidence locker

Make a Timeline of the Incident

• Movements/Actions possible in the timeframe?
• Match the witness statements?
• Any witnesses that would take exception to the timeline?

Client Consultation

• Client informed of charges?
• Copy of [redacted] police reports provided to Client?
• Review exposure on each count
• Double check with client all of the following:
  • Immigration
  • Criminal history
  • Mental health
  • Military history
  • Collateral consequences
    • School
    • Employment
    • Licensing
    • Driver's license
  • Client info on witnesses

File Discovery Demand

Request Witness List

Request Impeachment Materials on State Witnesses

Investigation

• Investigation needed?
• Investigation request.
• Witness list
• Visit scene with investigator
• Subpoenas to defense witnesses
• Investigator to gather:
  • 911 calls / police data records / dispatch logs
  • Witness statements
• Investigator to prepare:
  • Exhibits (maps, photos)
  • Reports

Restitution?

• Determine amount asked for
• Outside expert needed to value property?
• Civil compromise appropriate?

Experts

• Forensic expert (test/weigh drugs)
• Psychologist
• Medical doctor
• Psychopharmacologist (drug interactions)
• Expert to value property or damage
• Sentencing mitigation - drug and alcohol evaluation and amenability to treatment
• Eyewitness identification

File Requests For Funds From PDSC

• get your experts and investigators their $

File Special Notices

• Mental health defenses?
• Self-defense?
• Contested diversion?

Turn Over Reciprocal Discovery

File Legal Challenges/Motions

• Motion to suppress
• Demurrer
• Speedy trial motions
• Challenges to client's criminal history

Mitigation Preparation

• Client employment history
• Treatment amenability
• Expert reports
• Client have $ up front for restitution?
• Witnesses to speak on behalf of client at sentencing

Reassess Case

• Review options with client
• Any other material needed?
• Client understand rights and trial options?
• Discussion re Bench v. Jury
• Discussion re client testifying

Reassess Trial

• What facts are coming into trial
• Facts beyond change
• What evidence can be suppressed/ excluded
• Finalize motions in limine/ motions to suppress
  • What exhibits will be in trial
  • What witnesses will actually appear
    • Client testifying?

Negotiations / Alternate Resolutions

• DA have witness statements or discovery you gathered?
• Requested offer?
• Reviewed offer with client?
• Counteroffers?
• Civil compromise possible/allowed?
• Has client contemplated:
  • Immigration
  • Emigration
  • Expungments
  • Collateral consequences

Plea Preparation

• Got an offer on each count?
• Reviewed paperwork with client?
• Filled out appeal form
• Sentencing mitigation materials
  • Letters of reference
  • Witnesses
  • Job information
  • Financial

Trial Materials Preparation

• Jury Instructions
• Exhibits
• Witness list
• Motions in limine
• Legal Resources
• Jury instruction book
• Evidence by Kirkpatrick
  • Criminal Code
  • Vehicle Code
• Exhibits
  • Audio player
  • Video player
• Interpreters

Closing Materials

• Closing letter
• File appeal
• Close file