1 / 29

J oseph S . P assanise

Practical Tips and Helpful Suggestions. “What Every Solo Practitioner Needs to Know About Criminal Law”. J oseph S . P assanise. 2974 E. Battlefield Springfield, MO 65804 Phone: (417) 882-9300 Fax: (417) 882-9310 - w w w . e n t r a p p e d . c o m -.

valentine-hyde
Download Presentation

J oseph S . P assanise

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Practical Tips and Helpful Suggestions “What Every Solo Practitioner Needs to Know About Criminal Law” Joseph S. Passanise 2974 E. Battlefield Springfield, MO 65804 Phone: (417) 882-9300 Fax: (417) 882-9310 - w w w . e n t r a p p e d . c o m -

  2. “What Every Solo Practitioner Needs to Know About Criminal Law” General Overview Criminal Law Process • Amendments (4th, 5th, and 6th) • Tools of Law Enforcement • Potential Crimes • DWI-Blow/Not to Blow • MIP/MIC/Supplying Liquor • Driver’s License Issues • Orders of Protection • Sexual Abuse Allegations • Parental Kidnapping

  3. “What Every Solo Practitioner Needs to Know About Criminal Law” General Overview (cont.) • Expungement • Polygraph Tests • Tape Recorded Phone Calls • Sentencing Issues • Interview of Client A. Immunity-How to get it • Legislative Update

  4. “What Every Solo Practitioner Needs to Know About Criminal Law” Orientation • Movie Clip Link – And Justice For All

  5. “What Every Solo Practitioner Needs to Know About Criminal Law” Criminal Law Process Probable Cause to Stop (Doesn’t Take Much) • State v. Malaney, 871 S.W.2d 634 (S.D. 1994) 2. State v. Abeln, 136 s.w.3d 803 (W.D. 2004)

  6. “What Every Solo Practitioner Needs to Know About Criminal Law” Criminal Law Process • Probable Cause to Arrest (24 Hours) 1. How Long Can the Government Hold You?

  7. “What Every Solo Practitioner Needs to Know About Criminal Law” Criminal Law Process • Bond Hearing 1. Saving Your Client Dough! a. Property Bond (complicated) b. Bond Reduction c. O/R Bond d. Bondsman write for lesser amount

  8. “What Every Solo Practitioner Needs to Know About Criminal Law” Criminal Law Process • Preliminary Hearing (Learn about your case) • It is NOT Just A Preliminary Hearing 1. Coleman v. Alabama, 90 S Ct. 1999 (1970) (Critical Stage) 2. Hearsay Coming In 3. Issues Subpoenas 4. Tape Record v. Court Reporter 5. Probable Cause for a felony, not the felony!

  9. “What Every Solo Practitioner Needs to Know About Criminal Law” Amendments (4th, 5th, and 6th) 4th • CAR-No real protection • Inventory Search • Search Incident to Arrest • HOME • Georgia v. Randolph (S. Ct, 3/22/06, 78 Crim Law, 711) • Welsh v. Wisconsin (466 U.S. 740 (1984) c. State v. Cromer (W.D. 12/27/05)

  10. “What Every Solo Practitioner Needs to Know About Criminal Law” Amendments (4th, 5th, and 6th) 5th MIRANDA, WHERE ARE YOU! • Should I talk? • Rule #1, #2, #3 • When does it apply? 3. New Exception to Miranda? a. McCalvin v. Yukins 79 Cr. L. 121 (6th CIR 2006) b. Lynumm v. Illinois 372 U.S. 528 (1963)

  11. “What Every Solo Practitioner Needs to Know About Criminal Law” Amendments (4th, 5th, and 6th) 6th • RIGHT TO CONFRONT • Crawford • Subpoena Federal Agents

  12. “What Every Solo Practitioner Needs to Know About Criminal Law” Tools Of Law Enforcement Search Warrant-What to Do! • Investigatory Subpoenas • RSMO 56.085 1.Does HIPPA apply? • Spot Checks • Drug Check Points a. Indianapolis v. Edmund, 121 S. Ct. 447 (2000) b. State v. Mack, 66 S.W. 3d 706 (MO Banc 2002) E. DWI Check Points

  13. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes DWI 1. Know Your Jurisdiction 2. Two Schools of Thought 3. Case a. State v. Adams, 163 S.W. 3d 35 (S.D. 2005) 4. Driving Under Influence of Drugs (DRE)

  14. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes 5. Sufficiency v. Admissibility • State v Meanor, 863 S.W. 2d 884 (MO Supreme Ct. en banc 1993) b. State v Falcone, 918 S.W. 2d 288 (S.D. 1996) c. State v Friend, 943 S.W. 2d 800 (W.D. 1997)

  15. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes MIP/MIC/Supplying Liquor to Minors 1. RSMo 311.325 2. RSMo 311.310 3. Abuse and Lose, RSMo 577.500

  16. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes Driver’s License 1. 12 CSR 10-24.050 2. Hardships 3. CDL-RSMo 302.345

  17. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes Orders of Protection 1. Towell v. Steger, 154 S.W. 3d 471 (S.D. 2005) 2. Consequences That Follow 18 USC 922 (g)(8) Military Service/Police C. Denial Into College

  18. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes E. Sexual Abuse Allegations-Children Don’t Lie 1. 491 Hearings 2. Pattern of Conduct a. RSMo 566.025 (2004) b. State v. Bernard 849 S.W. 2d 10, 12 (MO en Banc 1993) 3. Internet Chat Rooms 4. Digital Imaging 5. Privilege Issue (Counselors)

  19. “What Every Solo Practitioner Needs to Know About Criminal Law” Potential Crimes F. Parental Kidnapping a. RSMo 565.153-crime b. RSMo 565.160-defense

  20. “What Every Solo Practitioner Needs to Know About Criminal Law” Expungement • General Rule-No 1. Crime/Arrest • DWI Case-RSMo 577.054 • Russell v. Director of Revenue 83 S.W. 3rd 72 (W.D. 2002) • Fowler v. Director of Revenue 823 S.W.d 134 (E.D. 1992) • MIC Case-RSMo 311.326 • Arrest Record Expunge E. Manifest Injustice-37.67(b)

  21. “What Every Solo Practitioner Needs to Know About Criminal Law” Polygraph Tests • Pretest/Actual/Post • Rule of Completeness • State ex rel Rel Sandra Kemper v. The Honorable Judge Vincent (MO Supreme Ct. 5/16/06) • Motion to Consider

  22. “What Every Solo Practitioner Needs to Know About Criminal Law” Tape Recorded Phone Calls 1. Federal • 18 USC 25.11 (Criminal) • 18 USC 25.20 (Civil) 2. State • RSMO 542.400 3. Cell Phones/Land Lines/Scanners

  23. “What Every Solo Practitioner Needs to Know About Criminal Law” Sentencing Issues • How much time will I get? 1. Mr. Kim Green, (573) 522-5419 • SIS-Clean Up • University Discipline

  24. “What Every Solo Practitioner Needs to Know About Criminal Law” Interview of Client 1. I’m from the government and here to help a. Law Enforcement-knock v. talk b. DFS c. INS d. Professional Affiliations 2. Immunity-How to get it a. State-RSMo 491.205 b. Federal-18 USC 6002

  25. “What Every Solo Practitioner Needs to Know About Criminal Law” Legislative Update 1. Sex Laws 2. Driving 3. Statute of Limitations 4. Misc.

  26. “What Every Solo Practitioner Needs to Know About Criminal Law” Orientation • Movie Clip Link – Liar, Liar

  27. Thank You “What Every Solo Practitioner Needs to Know About Criminal Law” Joseph S. Passanise 2974 E. Battlefield Springfield, MO 65804 Phone: (417) 882-9300 Fax: (417) 882-9310 - w w w . e n t r a p p e d . c o m -

More Related