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the information from multiple sources, depending on the client’s state of mind and ability to provide counsel with information.

  • 5.

    Information that should be acquired includes, but is not limited to:

    • a.

      The client's ties to the community, including the length of time the client has lived at the current and former addresses, family relationships, employment record and history, and immigration status (if applicable);

b. The client's physical and mental health, educational, employment, social security/disability, and armed services records;

  • c.

    The client's immediate medical needs;

  • d.

    The client's past criminal record, if any, including arrests and convictions for adult and juvenile offenses and prior record of court appearances or failure to appear in court; counsel should also determine whether the client has any pending charges and also whether the client is on probation or parole and the client's past or present performance under supervision;

  • e.

    The ability of the client to meet any conditions of release, including financial conditions;

  • f.

    The names of individuals or other sources that counsel can contact to verify the information provided by the client; counsel should obtain the permission of the client before contacting these individuals;

  • g.

    Any necessary information waivers or releases that will assist in the client’s defense, including preparation for sentencing; the written releases obtained should include a HIPAA (Health Insurance Portability and Accountability Act) compliant release in case medical records are required; and

  • h.

    Any other information that will assist the client’s defense, including mitigation information for use in preparation for sentencing.

  • 6.

    Information to be provided to the client includes, but is not limited to:

    • a.

      An explanation of the procedures that will be followed in setting the conditions of pretrial release;

  • b.

    An explanation of the types of information that will be requested in any interview that may be conducted by a pretrial release agency and also an explanation that the client should not make statements concerning the offense;

  • c.

    An explanation of the attorney-client privilege and instructions not to talk to anyone about the facts of the case without first consulting with counsel;

d. The charges and the potential penalties;


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