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Federal Rules of Criminal Procedure Deadlines

Federal Rules of Criminal Procedure -deadlines, etc Rule 5.1:
  • Preliminary Hearing must be held
    • within 10 days of arrest if in custody
    • within 20 days of arrest is not in custody
    • may be extend by agreement of parties for good cause
    • if defendant objects - court may extend if "extraordinary circumstances exist and justice requires delay"
Rule 6:
  • The Grand Jury
    • 16 to 23 members
    • 12 must concur to indict
    • May not serve more than 18 months unless court determines it is in the "public's interest" - may extend for 6 months
Rule 7:
  • The Indictment and the Information
    • Motion for Bill of Particulars - requesting the facts supporting the allegations in the indictment/information - must be filed within 10 days after arraignment
Rule 12:
  • Pleading and Pretrial Motions - Following must be raised before trial:
    • Alleging a defect in instituting the prosecution
    • Defect in the charging doc - unless jurisdictional or does not state an offense
      • Motion to suppress
      • Motion to sever
      • Motion for discovery
Rule 12.1
  • Notice of Alibi
    • after request from the government - 10 days to provide notice of alibi defense, including the place and the witness and their contact information
    • Then Gov must disclose within 10 days after receiving notice (but not later than 10 days before trial) the pertaining witness to place def and scene of offense
    • Undisclosed witnesses may be excluded
    • Continuing duty to disclose - court may grant exceptions for good cause
Rule 12.2
  • Notice of an Insanity Defense; Mental Examination
    • Must notify the gov as determined by pre-trial order of intent to use Insanity Defense/Offer Expert Evidence of Mental Condition
Rule 12.3
  • Public Authority Defense
    • State must file written response to Notice of Public-Authority Defense within 10 days, but not later than 20 days before trial
    • State may request notice of witnesses - must be at least 20 days before trial
    • Defense has 7 days to respond providing witnesses
    • State has 7 days to respond providing witnesses after getting the defense witnesses
Rule 12.4
  • Corporate parties must file a disclosure statement at the intial appearance
Rule 16
  • Discovery
    • Government's Disclosure -Upon def's request - must disclose/permit inspection or copying of
      • def's oral statements before or after arrest in response to interrogation
      • Defendant's Written or Recorded Statements - in response to interrogation or before the grand jury
      • Organizational defendants - statements of agents of the organizational defendant
      • Defendant's Prior Record
      • Documents and Objects - if material to prepare the defense, will be offered in case-in-chief, or defendant's property
      • Reports of Examinations and Tests
      • Expert witnesses - provide a written summary of testimony - opinions, basis, qualifications
      • Witness statements controlled by 18 USC 3500 - get them after direct exam - part of statement that relates to testimony - if gov does not compyà strike testimony
    • Defendant's Disclosure - If def requests and gov complies - def must disclose/permit inspection or copying of
      • Documents and Objects - that defendant intends to use in case-in-chief
      • Reports of Examinations and Tests - intends to use in case-in-chief or relates to a witness's testimony
      • Expert Witnesses - provide a written summary of testimony - if gov has disclosed as required or def has given notice of intent to present expert testimony on mental condition
      • No duty to disclose witness statements pretrial - made to def or def team - see 26.2.
Rule 17
  • Subpoena
    • def must pay witness fees unless files an Ex Parte Application showing inability to pay/necessity of the witness
    • No party may sub witness statements
Rule 20
  • Transfer for Trial - for prejudice or convenience
    • must be made at or before arraignment
Rule 24
  • Trial Jurors
    • 20 peremptory challenges in Capital Cases for each side
    • Gov has 6 - Def or Defs have 10 total for felonies
    • Each side has 3 in misdemeanors
    • may empanel up to 6 alternate jurors - additional peremptories
      • 1 for 1 or 2
      • 2 for 3 or 4
      • 3 for 5 or 6
Rule 26.2
  • Producing Witness Statements - after direct related to subject matter that is not privileged
    • applies at trial, suppression hearing, preliminary hearing, sentencing, revocation/modifications, detention hearings, writ of habeas corpus/federal custody
Rule 29
  • Motion for Judgment of Acquittal - evidence is insufficient to sustain a conviction
    • after gov closes evidence,
    • after the close of all evidence
    • within 7 days after a guilty verdict
    • if court sets aside guilty verdict - may conditionally grant or deny a new trial if the acquittal is later reversed
      • if court conditionally denies a new trial - appellate court may order new trial if the denial is erroneous
Rule 30
  • Must object to instructions before jury retires and deliberates- waive appellate review unless "plain error"
Rule 32
  • Sentencing and judgment
    • probation must give the PSR to all parties at least 35 days before sentencing unless def waives
    • Objections to PSR must be in writing with 14 days after receiving the PSR probation can revise
    • At least 7 days prior to sentencing - probation must submit the PSR to the court/parties plus an addendum with any unresolved objections
    • Court must give "reasonable notice" of intent to depart from guidelines
Rule 32.3
  • Criminal Forfeiture
    • Court should enter a preliminary order of forfeiture after a verdict of guilty
      • determine whether "the gov has established the requisite nexus between the property and the offense"
      • at a party's request, a jury may determine the "nexus" issue
      • Order allows AG to seize and conduct discovery to id., locate, or dispose of property
      • prelim order becomes final at judgment
      • no right to jury trial for subsequently located property found in discovery
Rule 33
  • New Trial
    • based on "newly discovered evidence" within 3 years after verdict of guilty - unless an appeal is pending
any other grounds within 7 days after the verdict or finding of guilty Rule 34
  • Arresting Judgment - indictment does not charge an offense or court has no jurisdiction motion to arrest judgment must be filed within 7 days after verdict or plea
Rule 35
  • Correcting or Reducing Sentence
    • "arithmetical or technical error" - within 7 days after sentencing
    • For "Substantial Assistance" - within 1 year after sentencing def helped to investigate another person after they were sentenced
      • may file later if:
        • info was not known to the def until more than a year after sentencing,
        • provide within a year but not useful to gov until later, OR
        • usefulness of the information could not reas have been anticipated by the defendant until more than a year after sentencing - then promptly tendere
      • may go below the minimum sentence establish by statute
Rule 41
  • Search and Seizure
    • Authority to issue warrants:
      • for persons or property INSIDE the district -magistrate with authority in the district or (if none reas available) judge of a state court of record (not jp's)
      • person or property inside the district BUT may move/be moved before the warrant is executed - magistrate with authority in the district ("MWAITD")
      • Activities related to TERRORISM "MWAITD" within or OUTSIDE the district
      • "MWAITD" - may authorize INSTALLATION of tracking device may monitor outside the district, too
      • Warrant by telephonic or other means - by "MWAITD"
    • place affiant under oath read from "proposed duplicate original warrant"
      • record it/have a court reporter/write it down verbatim - enter it into "Original Warrant"
        • if fax, may serve as original
        • judge may modify and fax back or instruct to modify
        • sign "Original" with date and time, send it electronically or direct applicant to sign the judge's name
    • transcribe if necessary/certify it/file with clerk
      • Warrants must be executed within 10 days
        • during the daytime unless good cause authorizes in the warrant
      • Warrant for tracking device
        • may not exceed 45 days - may grant extensions for additional 45 day periods for good cause
        • Must complete the installation within a specified time no longer than 10 days
        • must enter on the warrant the exact time and date installed
        • return the warrant within 10 days after period ends to the judge, showing the exact period
        • serve a copy of the warrant on the person tracked within 10 days after use has ended
      • Executing and Returning the Warrant
        • date and time
        • inventory - witnessed by another officer and person from whom the property was taken / or in front of at least one other credible person
    • Motion to return Property - file in district court where property was seized
Rule 43
  • Defendant must be present - initial appearance, arraignment, plea, every trial stage, and sentencing
    • not required
      • organizational defendant
      • misdemeanor (with def written consent)
      • conference on a legal question
      • sentence correction
    • waives right to be present if
      • voluntary absence after trial begins
      • non-capital voluntary absence during sentencing, or
      • persistent disruptive behavior
Rule 45
  • Computing time
    • day of event excluded
    • exclude Saturdays, Sundays, legal holidays, inaccessible courthouse (bad weather) if period is less than 11 days
    • include the last day unless an "excluded day"
    • court may extend on its own motion for good cause
      • on party's motion if filed before time expires
      • after time expires if party failed to act because of "excusable neglect"
    • if you don't fax it or personally serve it, add 3 days to the period
Rule 46
  • Release from custody; Supervising Detention governs pretrial release of def's but also
    • Gov must report every 2 weeks listing material witnesses held in custody for more than 10 days, state why they should not be released
Rule 47
  • Motions and Supporting Affidavits
    • must be in writing unless during trial or hearing
    • must serve motion and any hearing notice at least 5 days before hearing date, unless a rule or court order says differently
    • responding party must serve opposing affidavits at least one day before hearing
Rule 48
  • Dismissals:
    • Gov may not dismiss during trial without the defendant's consent
    • Court may dismiss for unnecessary delay in
      • presenting to the grand jury
      • filing an information
      • bringing a defendant to trial
Rule 52
  • Harmless and Plain Error
    • Harmless error - any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded
    • Plain error error that affects substantial rights may be considered even though it was not brought to the court's attention
Rule 58
  • Petty Offenses and Misdemeanors
    • appeal to district judge from magistrate within 10 days - not trial de novo district judge acts as appellate court
Rule 59
  • Matters before a Magistrate Judge
    • May refer any matter that does not dispose of a charge or defense
    • Parties may object to orders of magistrate within 10 days district judge may set aside rulings that are "contrary to the law" or "clearly erroneous"
    • Dispositive matters can go before a magistrate - decided as "recommendations"
      • must object within 10 days
      • must get a record on relevant portions unless district judge says otherwise
      • district judge considers de novo any objection - accepts, rejects, or modifies recommendation
Client Testimonials
★★★★★
The best Lawyer in Texas and the best attorney for domestic violence cases. I met with 4 to 5 different lawyers and I selected Brian Charles Corrigan. His customer service is excellent. I never had to worry about remembering anything like my dates he always kept me informed. Rajesh
★★★★★
Brian is the BOMB… after making one bad decision I made an EXCELLENT decision of hiring Brian to represent me. He had all the charges dropped even before the 1st Court Hearing by working with the DA. Additionally he got me an Early Expunction. SM
★★★★★
10++ stars. This is the most knowledgeable assertive attorney in criminal defense. He is worth his weight in gold!! He took care of my situation quickly and kept me informed the entire time. He is a attorney that truly cares about his clients and that is hard to find. Tricia