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  • e.

    A general procedural overview of the progression of the case, when possible;

  • f.

    Realistic answers, when possible, to the client’s most urgent questions;

  • g.

    What arrangements will be made or attempted for the satisfaction of the client’s

most pressing needs, e.g., medical or mental health attention, contact with family or employers;

  • h.

    How and when counsel can be reached; and

  • i.

    When counsel intends to see the client next.


Whenever possible, counsel should use the initial interview to gather additional information relevant to preparation of the defense. Such information may include, but is not limited to:

  • 1.

    The facts surrounding the charges against the client;

  • 2.

    Any evidence of improper police investigative practices or prosecutorial conduct that

affects the client's rights;

  • 3.

    Any possible witnesses who should be located;

  • 4.

    Any evidence that should be preserved; and

  • 5.

    When appropriate, evidence of the client's competence to stand trial or mental state at the

time of the offense.

  • A.

    At the initial appearance on the charges before the magistrate, counsel should preserve the client's rights by seeking a determination of whether there is probable cause to support the charges alleged and, if there is not probable cause, or other grounds exist for dismissal, requesting that the court dismiss the charge or charges.

  • B.

    Counsel should request a timely examining trial if the client is entitled to one unless there is a sound tactical reason not to do so.

  • C.

    When appearing at a bond hearing, counsel should be prepared to present to the appropriate judicial officer a statement of the factual circumstances and the legal criteria supporting release and, when appropriate, to make a proposal concerning conditions of release.

  • D.

    Counsel should adequately inform the client of the client’s conditions of release after such conditions have been set.

E. If the client is unable to fulfill the conditions of release set by the court, counsel should consider pursuing modification of the conditions of release under the procedures available.


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