Beginning with the assessment of whether to cooperate with the government, this authoritative guide provides advice on the substance and timing of defense motions, objections and appeals, as well as open questions and splits among the circuits. Coverage includes: bases for motions to dismiss indictments; obtaining and drafting a Bill of Particulars; Fourth and Fifth Amendment grounds for suppressing evidence; Sixth Amendment rights, including the defendant's right to a speedy trial, confrontation of witnesses, and adequate representation; discovery issues, including the prosecution's obligations under Brady; proven methods for cross-examining government witnesses; capitalizing on perjury by government witnesses; objections based on substantive and procedural due process; and more.
Focused on the needs of practitioners, this book examines a wide range of motions to file and how you can assert them effectively. Defending Federal Criminal Cases: Attacking the Government's Proof will greatly increase your chances of winning at trial or creating a record for a successful appeal.
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Table of Contents
Introduction: A Constitutional Framework and Evolving Issues
Representation Prior to Indictment
Bills of Particular
Motions: Bail, Dismissal, Venue, Suppression, and Severance
Government Disclosure Pursuant To Rule 16 and 18 U.S.C. § 3500
Disclosure Pursuant to Brady v. Maryland
The Right to Cross-Examine Government Witnesses: Crawford and Beyond
Tools for Attacking Typical Government Witnesses
False Testimony by Government Witnesses
The Fifth Amendment Right to Due Process