criminal-defense

name

criminal-defense

description

Criminal defense law skill for defense representation and criminal proceedings. Use when the user needs assistance with criminal charges, motions practice, discovery, plea negotiations, sentencing, or appeals. Triggers on keywords like "criminal", "felony", "misdemeanor", "indictment", "arraignment", "bail", "plea", "sentencing", "probation", "appeal", "suppression", "Miranda", "Fourth Amendment".

Criminal Defense

This skill provides expert guidance for criminal defense practice from investigation through appeal.

Core Capabilities

1. Pretrial Practice

• Initial appearance and bail
• Discovery analysis
• Motion practice
• Investigation

2. Trial Preparation

• Jury selection
• Evidence review
• Witness preparation
• Trial strategy

3. Plea Negotiations

• Charge bargaining
• Sentence bargaining
• Cooperation agreements
• Diversion programs

4. Sentencing and Appeals

• Sentencing advocacy
• Post-conviction remedies
• Direct appeals
• Habeas corpus

Criminal Procedure Overview

Federal Criminal Process

Investigation → Arrest/Summons → Initial Appearance →
Preliminary Hearing (if no GJ) → Grand Jury/Indictment →
Arraignment → Discovery → Pretrial Motions →
Plea or Trial → Sentencing → Appeal

Key Timeframes (Federal)

Event	Rule	Deadline
Initial appearance	Rule 5(a)	Without unnecessary delay
Preliminary hearing	Rule 5.1	14 days (detained) / 21 days (released)
Indictment	Rule 6	30 days if detained
Arraignment	Rule 10	Prompt
Speedy Trial	18 U.S.C. §3161	70 days from indictment/appearance
Discovery	Rule 16	Varies by court
Pretrial motions	Rule 12	Per court schedule

Constitutional Rights

Fourth Amendment (Search & Seizure)

Warrant Requirement:

• Neutral magistrate
• Probable cause
• Particularity (place and items)

Warrant Exceptions:

Exception	Requirements
Consent	Voluntary, scope limited
Search Incident to Arrest	Lawful arrest, immediate area
Automobile	Probable cause, mobile vehicle
Plain View	Lawful position, immediately apparent
Exigent Circumstances	Hot pursuit, destruction of evidence, emergency
Terry Stop	Reasonable suspicion
Inventory	Standardized procedures

Exclusionary Rule: Evidence from unconstitutional search excluded Exceptions: Good faith, independent source, inevitable discovery, attenuation

Fifth Amendment

Self-Incrimination:

• Miranda warnings required for custodial interrogation
• Custody + interrogation = Miranda required
• Waiver must be knowing, intelligent, voluntary
• Invocation must be unambiguous

Miranda Warnings:

1. Right to remain silent
2. Anything said can be used against you
3. Right to an attorney
4. If cannot afford, one will be appointed

Double Jeopardy:

• Same offense, same sovereign
• Attaches when jury sworn or first witness
• Exceptions: Hung jury, mistrial at defendant's request, appeal reversal

Sixth Amendment

Right to Counsel:

• At all critical stages
• Attaches at initiation of adversarial proceedings
• Effective assistance required (Strickland)

Confrontation Clause:

• Right to cross-examine witnesses
• Testimonial hearsay requires opportunity for cross (Crawford)

Speedy Trial:

• Barker v. Wingo factors: Length, reason, assertion, prejudice

Discovery (Federal Rule 16)

Government Must Disclose

• Defendant's statements
• Defendant's prior record
• Documents and tangible objects
• Reports of examinations/tests
• Expert witness disclosures

Brady Material

Prosecutor Must Disclose:

• Evidence favorable to defendant
• Material to guilt or punishment
• Includes impeachment evidence (Giglio)

Timing: Sufficiently in advance for effective use

Jencks Act (18 U.S.C. §3500)

• Witness statements after direct examination
• Prior statements related to testimony
• Defense must move for production

Pretrial Motions

Motion to Suppress (Fourth Amendment)

MOTION TO SUPPRESS EVIDENCE

Defendant moves to suppress [evidence] on the grounds that
it was obtained in violation of the Fourth Amendment.

STATEMENT OF FACTS
[Factual basis for motion]

ARGUMENT
I. THE SEARCH/SEIZURE VIOLATED THE FOURTH AMENDMENT
   A. [No warrant/invalid warrant]
   B. [No applicable exception]

II. THE EXCLUSIONARY RULE REQUIRES SUPPRESSION
   A. [Evidence is fruit of unlawful search]
   B. [No exception applies]

REQUEST FOR HEARING
Defendant requests an evidentiary hearing on this motion.

Motion to Suppress Statements (Fifth Amendment)

• Involuntary statements
• Miranda violations
• Sixth Amendment violations (post-charging)
• Delay in presentment (McNabb-Mallory)

Other Common Motions

Motion	Purpose
Motion to Dismiss	Challenge sufficiency of indictment
Bill of Particulars	Compel specification of charges
Severance	Separate counts or defendants
Change of Venue	Pretrial publicity
Motion in Limine	Exclude prejudicial evidence
Franks Hearing	Challenge warrant affidavit

Trial Practice

Jury Selection (Voir Dire)

Challenges:

• For cause: Unlimited, bias shown
• Peremptory: Limited number, cannot be discriminatory (Batson)

Batson Challenge Steps:

1. Prima facie case of discrimination
2. Race-neutral explanation required
3. Court determines if pretext

Burden of Proof

• Prosecution must prove every element beyond a reasonable doubt
• Defendant has no burden to prove innocence
• Defendant may raise affirmative defenses (varies by jurisdiction)

Common Defenses

Defense	Elements
Alibi	Defendant elsewhere
Self-defense	Reasonable belief of imminent harm, proportionate response
Duress	Threat of death/serious harm, no reasonable escape
Entrapment	Government inducement + no predisposition
Insanity	Varies by jurisdiction (M'Naghten, irresistible impulse)
Intoxication	Voluntary (specific intent); involuntary (general)

Sentencing

Federal Sentencing Guidelines

Calculation Steps:

1. Determine base offense level
2. Apply specific offense characteristics
3. Apply adjustments (role, obstruction, acceptance)
4. Calculate criminal history category
5. Determine guideline range
6. Consider departures and variances

18 U.S.C. §3553(a) Factors:

1. Nature and circumstances of offense
2. History and characteristics of defendant
3. Purposes of sentencing (punishment, deterrence, protection, rehabilitation)
4. Kinds of sentences available
5. Sentencing guidelines and policy statements
6. Need to avoid unwarranted disparities
7. Need for restitution

Sentencing Memorandum

1. Introduction
2. Personal history and characteristics
3. Acceptance of responsibility
4. Sentencing guideline calculation
5. §3553(a) analysis
6. Proposed sentence
7. Supporting exhibits

Sentencing Options

Option	Description
Imprisonment	BOP custody
Probation	Supervision in community
Supervised release	Post-imprisonment supervision
Fine	Monetary penalty
Restitution	Compensation to victims
Forfeiture	Property seizure
Special conditions	Treatment, restrictions

Appeals

Direct Appeal

Timing: Notice within 14 days (federal criminal) Scope: Issues preserved in trial court Standards of Review:

• De novo: Legal questions
• Clear error: Factual findings
• Abuse of discretion: Evidentiary rulings
• Plain error: Unpreserved errors

Post-Conviction Remedies

28 U.S.C. §2255 (Federal Prisoners):

• Sentence imposed in violation of Constitution/laws
• Court lacked jurisdiction
• Sentence exceeds statutory maximum
• Subject to attack collaterally

Habeas Corpus (State Prisoners - §2254):

• Exhaustion of state remedies required
• AEDPA deference to state courts
• Procedural default bars
• Actual innocence gateway

Ineffective Assistance of Counsel (Strickland)

1. Deficient performance: Fell below objective standard of reasonableness
2. Prejudice: Reasonable probability of different outcome

Integration with Other Skills

• litigation: Motion practice, trial skills
• legal-research: Case law research
• brief-writing: Appellate briefs
• immigration: Immigration consequences
• e-discovery: Digital evidence

Reference Files

For detailed guidance:

• references/motion-practice.md - Criminal motion templates
• references/sentencing-guide.md - Federal sentencing guidelines
• references/appeals.md - Post-conviction procedures