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Federal Pretrial Dispositions #1 – Guilty Pleas

Faculty: Cesar DeCastro and Eric Franz

Given that 97% of all federal criminal cases resolve with a plea of guilty, plea-bargaining is among the most important work of a defense lawyer.   The change of plea process in federal court is drastically different from that of New York State court. In state court, the plea of guilty with its “promised sentence” is the last critical part of the case. In federal court, the guilty plea marks a new beginning. None of the many agreed upon terms of the plea, including the advisory U.S. Sentencing Guidelines, are binding on the sentencing court. But with limited exceptions, the many serious mandatory minimum terms of incarceration are—and your clients need to be aware of them before changing their plea. “Tell me in your own words what you did that makes you guilty” is not an invitation to merely recite words in a statute. The defendant must be carefully guided through an allocution towards the end of a change of plea hearing that might last 45 minutes.  Federal court judges don’t get involved in plea discussions, and fact-bargaining is not allowed. From the written, multi-page plea agreement, including appellate waivers, to the statutory mandates of forfeiture, restitution and fines, when guiding clients through the federal plea process, you’re not in Kansas anymore.

Federal Pretrial Dispositions #2 – Cooperation

Faculty: Mark Cohen and Nicholas Kaizer

With punishing mandatory minimums and sentencing guidelines in the stratosphere staring them in the face, many federal defendants want to know what they can do to get home — even if that home is in a top secret location — even more quickly than a traditional guilty plea and sentencing may offer them.  The answer, if they understand what they are getting into and if the Government is interested in what they have to offer, is often for them to cooperate with the Government in the investigation and prosecution of others.  If completed successfully, cooperation usually does offer a greatly reduced sentence but even though you can get below the statutory minimum, that can mean different things before different judges.  Before you bring your client in for his first meeting with the Government, there is much for him and you to think about and discuss, as things do not always turn out the way you mapped it.  And your client may not truly be prepared to talk honestly about his entire criminal past — and that of his family and friends. This course will walk you through the timing, the considerations, the process, the formalities and the pitfalls of seeking a federal cooperation agreement.  What does an agreement and a plea with a cooperator look like, what are the expectations, what are the limits and what are the consequences if it fails to work out. There is much you can still do.  What is your role and how can you impact the end result?

Formation and Compliance for Private Healthcare Practices

Faculty: Sara Shikhman, Esq.

Attorney Sara Shikhman takes you inside the world of representing private healthcare facilities and shows you the ins and outs of helping such businesses get off the ground, then how to ensure they maintain their compliance with all applicable legal regulations and ethical practices.

A must watch for any attorney interested in having these types of businesses as clients.

Handling Death Cases in New York

Faculty: Andrea Alonso, Esq.

This course will cover two types of causes of action that arise out of a person’s death: survivorship and wrongful death. Though they may arise out of the same death, each action has its own statute of limitations, plaintiffs and required proofs. Learn the details about each cause of action to better represent your clients in these cases.

How to Prepare and Execute Your Cross-Examination of an Expert Witness

Faculty:  Jared Scotto, Esq.

This course gives you a detailed guide to preparing for and then actually cross examining medical expert witnesses. Plenty of helpful tips and warnings on exactly what to do and not do in this crucial litigation step.