If the court sets conditions of release that require the posting of a monetary bond or the posting of real property as collateral for release, counsel should inform the client of the available options and the procedures that must be followed in posting such assets. When appropriate, counsel should advise the client and others acting on the client’s behalf how to properly post such assets.
The decision as to whether or not the client should testify at any bond hearing shall be made after consultation between counsel and the client. In the event that the client and counsel decide that it would be in the best interest of the client to testify regarding bond, counsel should instruct the client not to answer any questions that do not pertain strictly to the issue of bond.
H. If the client is incarcerated and unable to obtain pretrial release, counsel should alert the court to any special medical, psychiatric, or security needs of the client and request that the court direct the appropriate officials to take steps to meet such special needs. Counsel should follow up with the client regarding whether medications or treatments are being given in jail, and notify the court or relevant jail management personnel if any problems arise.
Before conducting an examining trial, counsel should make reasonable efforts to secure and review information in the prosecution’s or law enforcement authorities’ possession. When necessary, counsel should pursue such efforts through formal and informal discovery unless there is a sound tactical reason for not doing so.
If the client is entitled to an examining trial, counsel should take steps to see that the examining trial is conducted timely unless there are strategic reasons for not doing so.
In preparing for the examining trial, counsel should become familiar with:
The elements of each of the offenses alleged;
The law of the jurisdiction for establishing probable cause;
Factual information that is available concerning probable cause;
The subpoena process for obtaining compulsory attendance of witnesses at an examining
trial and the necessary steps to be taken in order to obtain a proper record of the proceedings;
5. The potential impact on the admissibility of any witness’s testimony if the witness is later unavailable at trial;
The tactics of calling the client as the witness; and
The tactics of proceeding without discovery materials.
Counsel should meet with the client prior to the examining trial. Counsel must evaluate and
advise the client regarding the consequences of waiving an examining trial and the tactics of full or partial cross-examination.