Common Mistakes Made in Criminal Cases and How to Avoid Them
To assist all parties and to prevent possible delays, the following is a list of common mistakes made in criminal cases and explanations of how to avoid them.
An application for review of conditions of bail cannot be filed without obtaining a hearing date or the signatures of the various parties. Prepare an Application to the Criminal Duty Judge for Review of Magistrate Judge’s Bail Order; Order Thereon (form CR-062). Obtain a hearing date from the assigned judge’s courtroom deputy clerk or Criminal Intake. Serve the application and obtain the signatures of the Pretrial Services Officer, Assistant U.S. Attorney, defense counsel, and Interpreter Services (if an interpreter is utilized). Electronically file the application (if applicable), or manually file the application in the Criminal Intake section.
Prepare an Application for Review/Reconsideration of Order Setting Conditions of Release/Detention (18 U.S.C. §3142) and Request for Hearing (form CR-088) and Notification Re: Application for Bail Review or Reconsideration of Order Setting Conditions of Release or Detention (18 U.S.C. §3142) (form CR-088A) to request a review/reconsideration from the magistrate/district judge who set bail conditions or denied bond. Electronically file the application (if applicable) and attach the order, or manually submit the application and order to the Criminal Intake section.
Improper Notice of Motions
If the defendant is charged in more than one case, an original and one copy of each document must be filed in each case. Criminal cases are rarely consolidated for pretrial proceedings, and each case stands on its own.
Requesting an Interpreter
Interpreter Services must be notified at least 24 hours in advance to secure the services of an interpreter for attorney/client conferences.
Exoneration of Bail
The clerk’s office will not reconvey property or return cash posted as a condition of bail without a Court order. At the time of sentencing, the exoneration of defendant’s bond should be requested. If the Court does not state on the record that the bond is exonerated, a stipulation or motion for exoneration of bond must be filed.
Documents to Satisfy Bail Conditions
Any documents required to satisfy conditions of bail must be submitted to the Criminal Intake section.
Closed Magistrate Judge Cases
Once a magistrate judge case is closed and merged into a criminal case, all subsequent filings must be filed under the criminal case name and number.
E-mail to Divisional Office
Once a document is electronically filed, an e-mail must be sent to the appropriate Divisional Office where the magistrate case or unassigned criminal case (email the appropriate criminal intake inbox) or assigned judge is located. A copy of the document must be attached.
Per Local Civil Rule 52-4, a proposed order must be attached as a separate document to a stipulation, application, ex parte application, motion or request of parties requiring an order of the Court.