GUIDE TO CRIMINAL PRACTICE IN DALLAS

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                                   DAYL - Dallas Association of Young Lawyers




WHAT EVERY YOUNG AND NEW
LAWYER NEEDS TO KNOW
ABOUT…CRIMINAL LAW.
A PRACTICAL GUIDE TO CRIMINAL PRACTICE
IN DALLAS STATE AND FEDERAL CRIMINAL
COURTS.
Adrienne Dunn – Dallas Criminal Defense Lawyer
July 2009
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                                                         DAYL - Dallas Association of Young Lawyers


                                           Panelists

• Judge Jane Boyle
   ‐ United States District Judge for the Northern District of Texas, Dallas Division
• Judge Lana Myers
   ‐ District Judge for the 203rd Judicial District
• Practitioner Barry Sorrels
   ‐ Partner, Sorrels, Udashen and Anton
• Moderator Adrienne Dunn
   ‐ Law Office of Adrienne Dunn
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                                              DAYL - Dallas Association of Young Lawyers


                                     Topics

• Standard Hearings
• Discovery
• Subpoena
• Filing Motions and Pre-Trial Motions
• Roles of the Various Courtroom Actors
• Special Courts
• Tips on Dealing with Prosecutors
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                                      DAYL - Dallas Association of Young Lawyers




              Standard Hearings
Federal:
Preliminary Initial Appearance (Fed. R. Crim. Proc. 5)
Probable Cause Hearing (18 USC 3060)
Arraignment (Fed. R. Crim. Proc. 10)
Detention Hearing (18 USC 3142)
Guilty Plea (Fed. R. Crim. Proc. 11)
Sentencing (Fed. R. Crim. Proc. 32)
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                                            DAYL - Dallas Association of Young Lawyers




              Standard Hearings
State:
Arraignment (Tex. Code Crim. Proc. 15.17)
Examining Trial (Tex. Code Crim. Proc. 16.01)
       Go to the Court Manager’s Office located on the 2nd Floor to get a blank
       form. Have your client sign the form. Return form to same location.
       Contact Robin Weger Solomon 214-653-5722 RSolomon@dallascounty.org
Case Settings
Guilty Pleas (Tex. Code Crim. Proc. 26.13)
Sentencing (Tex. Code Crim. Proc. 37.07)
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                           DAYL - Dallas Association of Young Lawyers




                     DISCOVERY


Federal:                     State:
Fed. R. Crim. Proc. 16       No discovery rule.
                             Must have a discovery
                             order signed by judge
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                             DAYL - Dallas Association of Young Lawyers




                        SUBPOENA


Federal:                       State:
Fed. R Crim. Proc. 17          Application at Clerk’s
                               Office on 2nd floor.
                               Retrieve completed
                               Subpoena from same
                               location.
                               File served subpoena with
                               the clerk’s office in the
                               court.
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                                     DAYL - Dallas Association of Young Lawyers




             FILING MOTIONS &
            PRE-TRIAL MOTIONS

Federal:                               State:
e-file                                 File stamp the motion at
                                       the clerk’s office in the
                                       court
contact Charlie Braswell               Present the motion to the
                                       judge
214-753-2190
Charlie_Braswell@txnd.uscourts.gov
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                                        DAYL - Dallas Association of Young Lawyers



             FILING MOTIONS &
            PRE-TRIAL MOTIONS
List of Standard Pre-Trial Motions:
Motion for Discovery
Motion to Disclose Brady Material
Request for Notice under 404(b) and art. 37.07(3)(g)
Request for Notice under 609(f)
Motion for Witness Statements pursuant to Tex. R. Evid. 615

Ex Parte Requests:
If requesting funds for an expert or investigator, file the motion
under seal and DO NOT serve the prosecutor.
Tex. Code Crim. Proc. 26.05 (d) & (h)
18 USC 3006A(e)
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                             DAYL - Dallas Association of Young Lawyers



         ROLES OF THE VARIOUS
          COURTROOM ACTORS



Federal:                       State:
Courtroom Deputy               Court Coordinator
Pre-trial Services Officer     Sheriff Deputy
US Marshall                    Probation Officer
Probation Officer
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                                     DAYL - Dallas Association of Young Lawyers




              SPECIAL COURTS
Drug Divert Court
        Aux. #7
        Program Manager K. Dickerson
        214-653-5340
        KEDickerson@dallascounty.org
Mental Health Court

STAR Court
        Judge Myers’ court
Drug Court
        Aux. #1
        214-653-5907
Child Abuse Court
        Aux. #8 Judge Gary Stephen
        214-653-3416
SAFP Re-entry Court
Dual Diagnostics
DWI
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                                     DAYL - Dallas Association of Young Lawyers




        TIPS FOR DEALING WITH
             PROSECUTORS


1. Integrity: Your Word is Your Bond.
2. Prosecutors like trying their good cases and pleading their bad
   ones.
3. Good and Bad - Defined (where you fit in)
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                         DAYL - Dallas Association of Young Lawyers




           6TH Annual
    CRIMINAL DEFENSE TRIAL
     SKILLS AND TRIAL LAW
           PROGRAM
Center for American and International Law
Plano, Texas
August 11-14, 2009
www.cailaw.org
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                             DAYL - Dallas Association of Young Lawyers




                   END



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