COLORADO PRETRIAL PRACTICES
In partnership with the Colorado Criminal Defense Institute and the Colorado State Public Defender and supported by a grant from the Bureau of Justice Assistance, in September 2015 NACDL published The Colorado Bail Book: A Defense Practitioner's Guide to Adult Pretrial Release. The Manual is designed to be a resource to aid Colorado defenders in building upon the legislative reforms to the state's bail practices enacted as part of HB-1236, Best Practices in Bond Setting.
In 2018 NACDL Supplemented these materials with 2 video components: an overview of bail practices in Colorado and a panel discussion highlighting challenges and innovations for bail practices in rural communities.
In 2010 NACDL worked with the Colorado Criminal Defense Bar and the Colorado Criminal Justice Reform Coalition to overturn Colorado Revised Statute § 16-7-301(4) which required a defendant to meet with a prosecutor before being considered for appointment of counsel.
Under the statute, when charged with a misdemeanor, petty or traffic offense, an indigent defendant’s “application for appointment of counsel and the payment of the application fee shall be deferred until after the prosecuting attorney has spoken with the defendant.” The statute further required prosecuting attorney to “tell the defendant any offer that can be made based on the facts as known by the prosecuting attorney at that time” and permitted prosecutors to “engage in further plea discussions about the case,” all while the accused was without counsel. In fact, the statute placed the responsibility of advising the defendant they had “the right to . . . seek appointment of counsel” upon the prosecutor.
While the lawsuit challenging the statute as a violation of the Sixth and Fourteenth Amendments was pending in the US District Court (Colorado Criminal Defense Bar v. Hickenlooper), the Colorado legislature repealed the statute, eliminating the requirement an accused speak with the prosecutor before they are able to seek the appointment of counsel and appropriated $8 million dollars to hire additional public defenders to meet the increased workload.
Colorado Public Defense in The Champion
Bright Spots in Public Defense: The Colorado Office of the Alternate Defense Counsel: Supporting Indigent Defense Through a Statewide Conflict Counsel System, by Kevin Bishop, Darren Cantor, Stacie Colling, Lindy Frolich, and Jonathan Rosen, The Champion, Jan/Feb. 2019
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.