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Application for Attorneys’ Fees and Expenses Pursuant to the Hyde Amendment
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Application for Attorneys’ Fees and Expenses Pursuant to the Hyde Amendment Powered By Docstoc
					     Application for Attorneys’ Fees and Expenses Pursuant to the Hyde Amendment


                         IN THE UNITED STATES DISTRICT COURT

                       FOR THE (Name) DISTRICT OF (Name of State)

UNITED STATES OF AMERICA

v.
                                                     Criminal Cause No. __________________
JOHN DOE


                Application of John Doe for Attorneys’ Fees and Expenses

COMES NOW, John Doe, the Defendant in this matter, by and through his attorney of record,
files this application for attorneys' fees and expenses, respectfully showing the following:

1.     John Doe was indicted on (date). He was charged with bank fraud.

2.    On appeal from the District Court, he was acquitted by the (Number) Circuit Court of
Appeals acquitted John Doe.

3.       The Hyde Amendment provides for awards of reasonable attorney's fees and other
litigation expenses to prevailing defendants in certain criminal cases.

4.       The Hyde Amendment incorporates procedures and limitations set forth in the Equal
Access to Justice Act, which provides for awards of reasonable attorney's fees and other
litigation expenses to prevailing parties in certain civil cases against the United States.

5.    Defendant elects to proceed with this application under the procedures set forth in
Section 2412(b) of the Equal Access to Justice Act, as that section is incorporated by the
Hyde Amendment.

6.     To receive a Section 2414(b) 
				
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posted:8/19/2012
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Description: The Hyde Amendment (U.S.C. Title 18 Sec. 3006A) is a federal statute allowing federal courts to award attorneys' fees and court costs to criminal defendants "where the court finds that the position of the United States was 'vexatious, frivolous, or in bad faith.'"In such cases, the federal court may allow victims to recover some of the costs they incurred in fighting the government's investigation and prosecution by authorizing an award of attorneys' fees and court costs to a criminal defendant when the prosecution's evidence is so baseless as to be "frivolous." Compensation awarded under this statute would come out of the budget of the specific federal agency involved, typically the United States Attorney's Office.
PARTNER William Glover
I received my B.B.A. from the University of Mississippi in 1973 and my J.D. from the University of Mississippi School of Law in 1976. I joined the firm of Wells Marble & Hurst in May 1976 as an Associate and became a Partner in 1979. While at Wells, I supervised all major real estate commercial loan transactions as well as major employment law cases. My practice also involved estate administration and general commercial law. I joined the faculty of Belhaven College, in Jackson, MS, in 1996 as Assistant Professor of Business Administration and College Attorney. While at Belhaven I taught Business Law and Business Ethics in the BBA and MBA programs; Judicial Process and Constitutional Law History for Political Science Department); and Sports Law for the Department of Sports Administration. I am now on the staff of US Legal Forms, Inc., and drafts forms, legal digests, and legal summaries. I am a LTC and was Staff Judge Advocate for the Mississippi State Guard from 2004-2008. I now serve as the Commanding Officer of the 220th MP BN at Camp McCain near Grenada, MS. I served on active duty during Hurricanes Dennis (July, 2005), Katrina (August, 2005) and Gustav in 2008. I played football at the University of Mississippi in 1969-1971 under Coach John Vaught. I am the author of the Sports Law Book (For Coaches and Administrators) and the Sports Law Handbook for Coaches and Administrators (with Legal Forms),