Wednesday, March 8, 2017

ABA White Collar Conference - Pre-trial Practice in Federal Criminal Cases

One of the opening panels of the conference was a breakout on Pre-trial Practice in Federal Criminal Cases.  The panel included Hon. Cecilia Altonaga, Professor Ricardo Bascuas, Ryan O'Quinn, David Markus, and Vanessa Snyder.  The moderator was Andrew Feldman.  

The panel looked at motion filing, bail, and admission and exclusion of evidence as some of the topics for discussion.

From the prosecutor perspective Ms. Snyder emphasized the benefits of defense counsel calling prosecutors before filing motions.  "See if you can work it out."  It would lead to a more productive result, she stated.  She stated that then if it is necessary you can file the motion if you can't work it out.

Judge Altonaga emphasized having a plan when filing pre-trial motions. Is it getting you to your goal or are you alienating the court and prosecutor. Pre-trial motions can be used to educate the court. 

David Marcus spoke about the insignificant number of folks who skip on a bond and how the failure to give a bond proves detrimental to the system.  Judge Altonaga spoke about the risk of flight standard.  It helps if there are local ties, that is ties to the United States exist. 

Professor Bascuas noted the increased number of individuals in prison and the decreased number of trials. 

Ryan O'Quinn noted the long relationship that the prosecution and defense have prior to Indictment in white collar cases. 

The panelists also discussed the admission and exclusion of 404(b) evidence and motions in limine.

Audience questions turned the discussion in a different direction - Brady.   

(esp)

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