Criminal Law

Live Online

Criminal Discovery Strategies for the Defense

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Live Online
3 hours
Sonya Strnad
Jonathan Fayer
M. Lynn Dunlap
With Sonya Strnad from Holland & Knight LLP + 2 others

Tue, Dec 08, 00:00 AM – 00:00 PM

Product ID 102789

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Course Includes
$299

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

Overview

What the Prosecution Won't Give You - and How to Get It

The prosecution's file is never the whole story. Evidence gets buried, delayed, or never produced at all - and too many defendants pay the price. This CLE gives you the tools to fight back. You'll know the legal frameworks cold: Brady, Giglio, Jencks, and Rule 16, what each requires, when it kicks in, and exactly how prosecutors exploit the gaps. You will also learn how to use subpoenas to obtain evidence beyond the prosecutor's file. Leave no stone unturned: identify what's missing, uncover evidence beyond the prosecutor's file, and build a stronger defense from every available source. Register today!

  • Spot the red flags that signal something is being withheld.
  • Counter the prosecutor arguments designed to delay, minimize, and deny.
  • Challenge forensic and digital evidence - and the chain of custody behind it.
  • Use subpoenas and court orders to reach evidence outside the government's file.

Abbreviated Agenda

  1. What Prosecutors Hide and When They Must Disclose
  2. Authorizations and Subpoenas: Obtaining Critical Evidence Beyond the Prosecutor's File
  3. Expert and Forensic Discovery
  4. Digital Evidence Discovery: Body Cams, Smartphones, and More

Can't Attend Live?

Get the OnDemand Instead

Watch the recording of this event on your own schedule. We'll notify you when its ready.

Related Topics

Product ID 102789

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Approved 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Approved 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. What Prosecutors Hide and When They Must Disclose

    1. Rule 16, Brady, Giglio, Jencks, and the Continuing Duty to Disclose: What Must Be Disclosed and When
    2. Reciprocal Discovery and Its Limits
    3. Red Flags That Suggest Additional Undisclosed Evidence
    4. Finding What the Prosecution Won't Volunteer: Exculpatory Evidence, Impeachment Material, Officer Credibility, Informants, and Missing Reports
    5. Demands: Timing Strategy and Sample Language
    6. Common Prosecutor Arguments, Defense Responses, and Motion Practice

  2. Authorizations and Subpoenas: Obtaining Critical Evidence Beyond the Prosecutor's File

    1. Obtaining Records Through Subpoenas, Court Orders, and Authorizations
    2. Medical, Mental Health, and Substance Abuse Treatment Records
    3. School, Employment, Financial, and Business Records
    4. Records From Social Media Companies, Cell Providers, and Other Technology Platforms
    5. Preservation Letters, Emergency Requests, and Practical Considerations

  3. Expert and Forensic Discovery

    1. Government Expert Disclosure Requirements and Common Gaps
    2. Laboratory Reports, DNA, Ballistics, Toxicology, and Other Scientific Evidence
    3. Expert Reports, Notes, Bench Notes, Underlying Data, and Validation Materials
    4. Independent Testing, Access to Physical Evidence, and Defense Experts
    5. Chain of Custody, Missing Evidence, and Preservation Issues
    6. Challenging Incomplete or Unreliable Forensic Evidence

  4. Digital Evidence Discovery: Body Cams, Smartphones, and More

    1. Body-Worn Cameras, Dash Cameras, Surveillance Video, and 911 Recordings
    2. Smartphone Texts, Call Logs, Location Information, and Forensic Extractions
    3. Vehicle Data
    4. Social Media, Cloud Storage, Email, and Messaging Apps
    5. When the Government Comes for Your Client's Data: Challenging Overreaching Digital Evidence Demands
    6. Metadata, Deleted Files, and Other Hidden Digital Evidence
    7. AI-Generated and AI-Enhanced Evidence: Discovery and Authentication Considerations
    8. Managing Large Electronic Productions and Reviewing Discovery Efficiently

Who Should Attend

This program is designed for criminal defense attorneys. Paralegals may also benefit.

Speakers

Sonya Strnad
Sonya
Strnad
Holland & Knight LLP
Jonathan Fayer
Jonathan
Fayer
Sills Cummis & Gross P.C
M. Lynn Dunlap
M. Lynn
Dunlap
M. Lynn Dunlap PC
Speaker bio
Sonya Strnad

Sonya Strnad

Holland & Knight LLP
Sonya Strnad

is senior counsel at Holland & Knight LLP. She is a Certified E-Discovery Specialist. Ms. Strnad is a member of the Sedona Working Groups on Electronic Document Retention and Production (WG1) and International Electronic Information Management, Discovery and Disclosure (WG6), as well as the firm's National Electronic Data Discovery Team. She has extensive experience in the e-discovery, forensic and document retention areas and frequently lectures on these topics for businesses, Continuing Legal Education classes and internally within the firm. Ms. Strnad practices in the firm's Litigation Section and has experience in both federal and state courts, regulatory investigations, congressional investigations and internal investigations. Her practice encompasses internal and government investigations involving possible violations of the Foreign Corrupt Practices Act (FCPA) and Bank Secrecy Act (BSA), anti-money laundering, fraud, embezzlement, as well as securities class actions, federal securities fraud and derivatives litigation. Ms. Strnad has experience in working with clients in diverse industries, such as oil & gas, healthcare, telecommunications, finance and banking, media, and construction, among others. Her FCPA experience includes eleven major internal investigations, participation in a three year monitorship, review of compliance programs and training, third party due diligence, merger/acquisition due diligence and corporate guidance. For the monitorship, Ms. Strnad was part of the team appointed by the DOJ for a major enforcement case. She developed the team's three annual work plans and conducted site visits, during which more than 200 employees in 15 countries were interviewed. As part of the review, Ms. Strnad assessed the company's enterprise risk management program, its third-party due diligence program, 'Know Your Customer' reviews and company anticorruption training. Afterwards, she developed recommendations for improvements to the company's compliance program and drafted the annual reviews submitted to DOJ. Ms. Strnad earned her B.A. degree from Canisius College and her J.D. degree from Rutgers Law School.

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Speaker bio
Jonathan Fayer

Jonathan Fayer

Sills Cummis & Gross P.C
Jonathan Fayer

is a member of Sills Cummis & Gross P.C. He is an experienced trial attorney and former federal prosecutor. Mr. Fayer is a Member of the Sills Cummis White Collar Practice Group, where he represents individuals and corporations in important civil, criminal, and regulatory matters. Prior to joining Sills Cummis, he served in the United States Attorney's Office for the District of New Jersey for six years, most recently serving as Chief of the Economic Crimes Unit. In this role, Mr. Fayer supervised the Office's most significant and complex white collar investigations and prosecutions involving securities fraud, accounting fraud, money laundering, Bank Secrecy Act violations, market manipulation, corporate fraud, bank fraud, tax fraud, and Foreign Corrupt Practices Act violations. As a federal prosecutor, he investigated and tried numerous complex cases, including serving as lead prosecutor on a seven-week jury trial involving a $90 million Ponzi scheme resulting in guilty verdicts for securities fraud, wire fraud, money laundering, and obstruction of justice. During his career, Mr. Fayer has worked extensively on matters involving the Securities and Exchange Commission, Financial Industry Regulatory Authority, Federal Reserve Board, Federal Housing Finance Agency, the New Jersey Office of Attorney General, and other federal, state, and local regulators. He began his legal career at Paul, Weiss, Rifkind, Wharton & Garrison, and later served as a Law Clerk to the Honorable Arthur D. Spatt in the United States District Court for the Eastern District of New York. Mr. Fayer earned his B.A. degree, cum laude, from Georgetown University and his J.D. degree, cum laude, from New York University School of Law.

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Speaker bio
M. Lynn Dunlap

M. Lynn Dunlap

M. Lynn Dunlap PC
M. Lynn Dunlap

is an attorney at M. Lynn Dunlap PC, practicing criminal law, personal injury law, and debt recovery. He earned his B.A. degree from the University of Washington and is admitted to practice law in Idaho.

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