Specific Standards For Representation
In Criminal And Juvenile Delinquency Cases

This chapter pertains to representation in both adult criminal and juvenile delinquency cases. The two types of proceedings are grouped together in one chapter because they have many similarities. Any differences in representation are indicated where appropriate. This grouping recognizes that counsel must employ the same general standards of practice in providing representation to youth in juvenile delinquency proceedings and to adult defendants in criminal cases, with special accommodation for the needs of juvenile clients. Efforts have been made to use generic terms that apply to both types of proceedings to the extent possible. For example, the term 'disposition' refers to sentences in adult criminal cases and to juvenile dispositions, and the term 'admission' includes guilty and nolo contendere pleas in criminal proceedings and admissions to allegation(s) in juvenile delinquency petitions. 'Admission agreements' include plea agreements and agreements to admit jurisdiction in delinquency cases.

Prerequisites For Representation

Counsel should be proficient in applicable substantive and procedural law and should have appropriate experience, skill and training for the type of representation required.


1. In addition to meeting the requirements for experience and training in Standard 1.1, supra, counsel should have at least fifteen (15) hours of mandatory continuing legal education training each year, at least ten (10) of which should relate to the practice of criminal defense or juvenile law.

2. Counsel for juveniles should develop a basic knowledge of child development and adequate communication skills to communicate effectively with child clients.

3. Counsel should visit at least two correctional, juvenile or treatment facilities.

General Duties And Responsibilities Of Counsel; Avoiding Conflicts Of Interest

In adult criminal and juvenile delinquency matters, counsel or counsel associated in practice should avoid representing two or more clients who have been jointly charged or whose cases have been consolidated.


1. Counsel should follow Standard 1.2 Implementation 5 with regard to potential and actual conflicts of interest. In both adult criminal and juvenile delinquency matters, counsel and counsel associated in practice should avoid representing two or more clients who have been jointly charged or whose cases have been consolidated for trial or hearing.

Role Of Counsel

Counsel should seek the lawful objectives of the client and should not substitute counsel's judgment for that of the client in those case decisions that are the responsibility of the client.


1. Counsel should follow Standard 1.3, Implementations 1 and 2.

2. Decisions as to whether to enter an admission, accept diversion or other pretrial early disposition, testify, or waive any right with respect to jurisdiction, trial, or waiver, are ultimately for the client to determine.

3. In juvenile delinquency and status offense proceedings as in adult criminal matters, counsel is ordinarily bound by the client's definition of his or her interests and should not substitute counsel's judgment for that of the client regarding the objectives of the representation. See Standard 3.3, infra.

Obligations Of Counsel Regarding Pretrial Release

When a client is in custody, counsel should explore with the client the pretrial release of the client under the conditions most favorable to the client and attempt to secure that release.


1. Counsel should obtain information regarding the client's ties to family, the community, immigration status, school or employment records, physical and mental health, participation in community programs, past criminal and delinquency record, the ability of the client, relatives or third parties to meet any financial conditions of release and the names of individuals or other sources that counsel can contact to verify the information provided by the client.

2. Counsel should present to the appropriate judicial officer information about the client's circumstances and the legal criteria supporting release. Where appropriate, counsel should make a proposal concerning conditions of release that are least restrictive with regard to the client. Counsel should arrange for contact with or the appearance of parents, spouse, relatives of other persons who may take custody of the client or provide third party surety.

3. Counsel for juveniles should seek to have a minister, teacher, relative or other mentor come to the detention hearing to offer to provide extra guidance and positive activities for the youth during release. Counsel for juveniles should be aware of the alternatives to secure detention, including group homes, residential treatment, drug and alcohol treatment facilities, house arrest or other non-secure community based alternatives.

4. If a juvenile client is released, counsel should assure that the client's needs for safety and right to receive treatment are met by agencies responsible for the client's care.

5. Where the client is not able to obtain release under the conditions set by the court, counsel should consider pursuing modification of the conditions of release under available procedures.

6. If the court sets conditions of release, counsel should explain to the client and any third party the conditions of release and potential consequences of violating such conditions. If the court sets as a condition of release that security be posted, counsel should explain to the client and any third party the available options, procedures, and risks in posting security.

7. Where the client is unable to obtain pretrial release, counsel should inform the court and the jail or juvenile detention facility personnel about any medical, psychiatric, or security needs of the client. Juvenile clients in detention or shelter care should be advised of the right to have the placement decision reviewed every ten days, and counsel should seek review if requested by the client.

Initial Court Appearances

Counsel should preserve all of the client's constitutional and statutory rights at initial court appearances.


Counsel should:

1. Promptly advise the client of and take action to preserve all constitutional and statutory rights of the client, including the right to remain silent, to file motions challenging the charging instrument, and to enter a plea of not guilty or deny the allegations contained in a delinquency petition and to request a jury trial, where failure to do so may result in the client being precluded from later obtaining such rights.

2. Request a timely preliminary hearing, if it is provided for under the rules of the court, unless there is a sound tactical reason not to do so.

3. If a preliminary hearing is held, review the allegations, marshall the evidence, and prepare to challenge the state's evidence and arguments.

4. Review probable cause documents and any probable cause arguments, and, if no probable cause is established or other grounds for dismissal exist, ask the court to dismiss the charges.

5. Ensure that bail has been set, seek reductions in bail if appropriate, and initiate alternative release options.

Independent Investigation

Counsel should promptly conduct an independent review and investigation of the case, including obtaining information, research and discovery necessary to prepare the case for trial or hearing.


Counsel should:

1. Obtain and examine all charging documents, pleadings and discovery.

2. Research and review the relevant statutes and caselaw to identify:

a. the elements of the charged offense(s);

b. any defects in the charging instrument, such as statute of limitations or double jeopardy; and

c. the available defenses, ordinary and affirmative, and whether notice of any defense is required and any specific timelines for giving such notice.

3. Conduct an in-depth interview with the client covering:

a. the events giving rise to the allegation(s);

b. the existence of witnesses or other potential sources of information;

c. any evidence of improper conduct by police or other investigative agencies, juvenile or mental health departments or the prosecution which may affect the client's rights; and

d. information relevant to pretrial/prehearing release and possible disposition.

4. Attempt to have all potential witnesses (adverse, neutral and favorable) located, interviewed, and, if appropriate, subpoenaed by an investigator or other appropriately trained person. If counsel conducts a witness interview, counsel should do so in the presence of a third person who is available to appear as a witness at trial or hearing.

5. Request and secure discovery including:

a. potential exculpatory information;

b. names and addresses of all prosecution witnesses, their prior statements, and criminal records;

c. oral and written statements by the client and details of the circumstances under which the statements were made;

d. the client's prior delinquency and/or criminal record and evidence of other misconduct that the prosecutor may intend to use against the client;

e. books, papers, documents, photographs, audio and videotapes, computer discs, tangible objects, buildings or other materials relevant to the case;

f. statements and reports of experts, including data and documents upon which they are based;

g. reports of and underlying data for relevant physical or mental examinations, scientific tests, experiments and comparisons;

h. statements of co-defendants;

i. inspection of physical evidence; and

j. reports or notes of searches or seizures and the circumstances of any searches or seizures.

6. When appropriate, request the opportunity to inspect the District Attorney's file, if the procedure in the local jurisdiction so provides.

7. Request and secure other information relevant to the case, including:

a. law enforcement notes (field notes);

b. client, victim or witness records, such as school, mental health, drug and alcohol and criminal records, with appropriate releases;

c. 911 tapes, interofficer radio transmissions and dispatch reports; and

d. internal affairs files and investigation records.

8. Inspect the scene of the alleged offense under circumstances similar to those existing at the time of the alleged incident (e.g., weather, time of day, and lighting conditions).

9. Be familiar with and where appropriate obtain the assistance of experts and other professionals to provide consultation and testimony regarding issues in the case, evaluations of clients and others, and testing of physical evidence.

Pretrial Motions; Hearings Regarding Ability To Aid
And Assist And Waiver Of Juvenile Court Jurisdiction

Counsel should research, prepare, file and argue appropriate pretrial motions whenever there is reason to believe the client is entitled to relief. Counsel should be prepared to provide quality representation and advocacy for the client at any hearings regarding the client's ability to aid and assist and waiver of juvenile court jurisdiction.


1. Counsel should research, prepare, file and argue pretrial motions and notices if appropriate to address issues such as:

a. Constitutionality of relevant statute(s);

b. Defects in the charging process or instrument;

c. Severance of charges and/or co-defendants for trial;

d. Brady v. Maryland motions;

e. Motions to compel discovery;

f. Motions for sanctions because of discovery violations;

g. Violations of federal and state constitutional and statutory provisions, including but not limited to:

i. illegal searches and/or seizures;

ii. statements obtained in violation of the client's right to counsel or privilege against self-incrimination;

iii. unreliable identification evidence;

iv. speedy trial; and

v. double jeopardy.

h. Motions or requests for extraordinary expenses, such as:

i. interpreters;

ii. experts for psychological evaluation for the purpose of aid and assist, diminished capacity, guilty but insane, waiver or disposition; and

iii. forensic services.

i. Matters of trial evidence which may be appropriately litigated by means of a motion in limine.

j. Notices of affirmative defenses.

k. Motions to dismiss based on civil compromise, 'best interests of the youth', 'in the furtherance of justice' and 'general equitable powers of the court'.

2. Counsel should take the following steps with regard to seeking a determination of the client's ability to aid and assist:

a. Whenever counsel has a good faith doubt as to the client's ability to aid and assist in the proceedings, counsel should fully advise the client concerning the consequences of a determination that the client is unable to aid and assist and should move for an evaluation of the client, if the client so agrees. If the client opposes such an evaluation, counsel should inform the court that counsel has a good faith doubt of the client's ability to aid and assist in the matter, but should not divulge the client's confidences and secrets.

b. If the client agrees, counsel should obtain an independent evaluation of the client or should advocate that evaluators appointed by the court are qualified by training and experience to testify concerning the client's ability to aid and assist. If the client and prosecutor concur, counsel may stipulate that the client is unable to aid and assist counsel in the proceedings.

c. At the hearing to determine whether the client is able to aid and assist, counsel should protect and exercise the client's constitutional and statutory rights, including cross-examining the state's witnesses, calling witnesses on behalf of the client such as independent experts, and making appropriate evidentiary objections.

d. Counsel may elect to relate to the court personal observations of and conversations with the client to the extent that counsel does not disclose client confidences and secrets. Counsel may respond to inquiries about the attorney-client relationship and the client's ability to communicate effectively with counsel to the extent that such responses do not disclose the client's confidences and secrets.

e. If an adult client is found to be unable to aid and assist, counsel should advocate for the least restrictive level of supervision and the least intrusive treatment. If a juvenile client is found to be unable to aid and assist in a juvenile court proceeding, counsel should seek to resolve the delinquency matter by having the petition converted to a dependency petition. An appropriate disposition should be sought as in a dependency case. (See Standard 3.10, infra.)

f. If the client is found able to aid and assist, counsel should recognize a continuing obligation during the course of the proceedings to raise good faith concerns about the client's ability to aid and assist.

3. Counsel should do the following with regard to opposing waiver of juvenile court jurisdiction in juvenile proceedings:

a. Counsel should investigate and become knowledgeable about the consequences of waiver of juvenile court jurisdiction in the particular client's case and should thoroughly explain the consequences to the client.

b. If the client decides to oppose waiver of the juvenile court's jurisdiction, counsel should be fully prepared to present evidence and argument against the waiver, including that the client is still a child, would benefit from services in the juvenile system, has not had sufficient opportunity to be rehabilitated, would likely be harmed in the adult system and that the community could be adequately protected from the youth during treatment as a juvenile.

c. At the waiver hearing, counsel should address all the requirements of ORS 419C349. To make an 'amenability' argument, counsel should at a minimum:

i. describe the youth's background, including attachment to family and positive statements from individuals who believe the youth has potential;

ii. show that the youth was not thinking as an adult at the time of the offense;

iii. describe the youth's moral development and remorse;

iv. document successful juvenile interventions that have been used for similar youth; and

v. describe how the youth's delinquent behavior could change if services met his or her needs.

d. If juvenile court jurisdiction is waived, counsel should make effort to have the client released pending trial or held in a juvenile facility. If the client is transferred to an adult facility, counsel should advocate for measures that will protect the client and provide age appropriate services including mental health and educational or special education services.

Pretrial Negotiations And Admission Agreements

Counsel should:

1. with the consent of the client explore diversion and other informal and formal admission or disposition agreements with regard to the allegations;

2. fully explain to the client the rights that would be waived by a decision to enter into any admission or disposition agreement;

3. keep the client fully informed of the progress of the negotiations;

4. convey to the client any offers made by the prosecution and the advantages and disadvantages of accepting the offers;

5. continue to preserve the client's rights and prepare the defense notwithstanding ongoing negotiations; and

6. not enter into any admission or disposition agreement on behalf of the client without the client's authorization.


1. Counsel should be fully aware, and ensure the client is fully aware, of:

a. rights the client will waive by entering into a pretrial admission or disposition agreement;

b. conditions and limits of the agreement;

c. nature of the admission hearing and the role the client will play in the hearing, including answering questions of the judge and in many instances, providing a statement concerning the offense;

d. deferred sentences, conditional discharges and diversion agreements;

e. the likely disposition, including what is required by the sentencing guidelines and the effect of the admission agreement on the client's criminal history;

f. possible and likely sentence enhancements, and probation or post-incarceration supervision consequences;

g. available drug rehabilitation programs, psychiatric treatment, and health care;

h. incarceration including any mandatory minimum requirements and maximum terms;

i. the possible and likely place and manner of confinement;

j. credit for pretrial detention;

k. the effect of good-time credits on the client's release date and how those credits are earned and calculated;

l. self-surrender to place of custody;

m. eligibility for correctional programs, work release and conditional leaves;

n. probation or suspension of sentence and permissible conditions of probation;

o. restitution, fines, assessments and court costs;

p. if applicable, parole or post-prison supervision eligibility, applicable ranges, and likely post-prison supervision conditions;

q. asset forfeiture;

r. collateral consequences of conviction, e.g. deportation, civil disabilities, and enhanced sentences for future convictions;

s. restrictions on, loss of, or other potential consequences affecting the client's driver's or professional license; and

t. possibility of later expungement and sealing of records.

2. In conducting negotiations, counsel should be familiar with the various types of admissions or pretrial dispositions that may be agreed to, including a plea of guilty, a plea of nolo contendere, a conditional plea of guilty, a plea in which the defendant is not required to personally acknowledge his or her guilt (Alford plea), and an admission to juvenile court jurisdiction.

3. The decision to enter an admission rests solely with the client and the client's decision must be knowing, voluntary and intelligent.

4. When the client enters an admission, counsel should make sure the full content and conditions of the admission agreement are placed on the record before the court.

5. If the client is in custody or may be taken into custody after entry of the admission, counsel should seek release pending formal disposition.


Counsel should be prepared to provide quality representation and advocacy for the client at any court or jury trial.


1. Preparation for Trial

a. In an adult criminal case, counsel should discuss with the client the relevant strategic considerations of waiving a jury trial in favor of a bench trial or plea;

b. Counsel should have the following materials available at the time of trial:

i. copies of all relevant documents filed in the case;

ii. relevant documents prepared by investigators;

iii. voir dire questions;

iv. outline or draft of opening statement;

v. cross-examination plans for all possible prosecution witnesses;

vi. direct examination plans for all prospective witnesses for the client;

vii. copies of subpoenas;

viii. prior statements of all the prosecution's witnesses (e.g., transcripts, police reports);

ix. prior statements of all the client's witnesses;

x. reports from experts;

xi. a list of exhibits, and the witnesses through whom they will be introduced;

xii. originals and copies of all documentary exhibits;

xiii. proposed jury instructions with supporting authority;

xiv. copies of all relevant statutes and cases;

xv. evidence codes and relevant statutes and/or compilations of evidence rules and criminal or juvenile law most likely to be relevant to the case;

xvi. outline or draft of closing arguments.

c. Counsel should decide whether to file a motion in limine to secure an advance ruling on issues likely to arise at trial (e.g., use of prior convictions to impeach the client) and, where appropriate, counsel should prepare motions and memoranda for such advance rulings.

d. Throughout the trial process, counsel should ensure all legal issues are preserved and an adequate record is made for appellate review. Counsel should assure that all proceedings are on the record.

e. Counsel should be prepared to make all appropriate evidentiary objections and offers of proof, and should vigorously contest the state's evidence through objections and cross-examination of state's witnesses.

f. Counsel should advise the client and the client's witnesses as to suitable courtroom dress, decorum, and demeanor, and should counsel the client and witnesses concerning timeliness and sobriety issues. If the client or the client's witness is incarcerated, counsel should ensure that the client or witness does not appear before the jury in jail clothing.

g. Counsel should plan with the client the most convenient system for conferring throughout the trial. Where necessary, counsel should seek a court order to have the client available for conferences.

h. Throughout preparation and trial, counsel should consider the potential effects that particular actions may have upon disposition if there is a finding of guilt or in a juvenile proceeding that the youth is within the jurisdiction of the court.

2. Jury Selection in Adult Criminal Cases

a. Counsel should be familiar with the procedures by which a jury venire is selected in the particular jurisdiction and should be alert to any potential legal challenges to the composition or selection of the venire.

b. Counsel should develop voir dire questions in advance of trial.

c. Counsel should tailor voir dire questions to the specific case. Among the purposes voir dire questions should be designed to serve are the following:

i. to elicit information about the attitudes of individual jurors, which will inform counsel about peremptory challenges and challenges for cause;

ii. to convey to the panel certain legal principles which are critical to the case;

iii. to preview the case for the jurors so as to lessen the impact of damaging information which is likely to come to their attention during the trial;

iv. to present the client and the client's case in a favorable light, without prematurely disclosing information about the case to the prosecutor; and

v. to establish a relationship with the jury.

d. Counsel should be familiar with the law concerning mandatory and discretionary voir dire inquiries so as to be able to defend any request to ask particular questions of prospective jurors.

e. Counsel should be familiar with the law concerning challenges for cause and peremptory challenges.

f. If the voir dire questions may elicit sensitive answers, counsel should request that questioning be conducted outside the presence of the remaining jurors.

g. In a group voir dire, counsel should avoid asking questions which may elicit responses which are likely to prejudice other prospective jurors.

h. Counsel should challenge for cause all persons about whom a legitimate argument can be made for actual prejudice or bias if it is likely to benefit the client.

3. Opening Statements

a. Prior to delivering an opening statement, counsel should ask for sequestration of witnesses, unless a strategic reason exists for not doing so.

b. Counsel's objective in making an opening statement may include the following:

i. provide an overview of the defense case;

ii. identify the weaknesses of the prosecution's case;

iii. emphasize the prosecution's burden of proof;

iv. summarize the testimony of witnesses and their roles in relationship to the entire case;

v. describe the exhibits which will be introduced and the role of each in relationship to the entire case;

vi. clarify the juror's responsibilities; and

vii. state the ultimate inferences which counsel wishes the jury to draw.

c. Counsel should consider incorporating the promises of proof the prosecutor makes to the jury during opening statement in the defense summation.

d. Whenever the prosecution oversteps the bounds of a proper opening statement, counsel should object, request a mistrial, or seek cautionary instructions, unless tactical considerations weigh against any such objections or requests.

4. Proof

a. Counsel should anticipate weaknesses in the prosecution's proof and consider researching and preparing corresponding motions for judgment of acquittal.

b. Counsel should consider the advantages and disadvantages of entering into stipulations concerning the prosecution's case.

c. In preparing for cross-examination, counsel should:

i. be prepared to question witnesses as to the existence of prior statements which they may have made or adopted;

ii. consider the need to integrate cross-examination, the theory of the defense and closing argument;

iii. consider whether cross-examination of each individual witness is likely to generate helpful information;

iv. anticipate those witnesses the prosecution might call in its case-in-chief and in rebuttal;

v. consider a cross-examination plan for each of the anticipated witnesses;

vi. be alert to inconsistencies or variations in a witness testimony;

vii. review all prior statements of the witnesses and any prior relevant testimony of the prospective witnesses;

viii. review relevant statutes and local police regulations for possible use in cross-examining police witnesses;

ix. be alert to issues relating to witness credibility, including but not limited to background, bias and motive for testifying.

d. Counsel should be aware of the applicable law concerning competency of witnesses and admission of expert testimony in order to raise appropriate objections.

e. Before beginning cross-examination, counsel should ascertain whether the prosecution has provided copies of all prior statements. If counsel does not receive prior statements of prosecution witnesses until the prosecution has completed direct examination, counsel should, at a minimum, request adequate time to review these documents before commencing cross-examination.

f. At the close of the prosecution's case and out of the presence of the jury, counsel should move for a judgment of acquittal on each count charged. Counsel should request, when necessary, that the court immediately rule on the motion in order that counsel may make an informed decision whether to present a defense.

g. Counsel should develop, in consultation with the client, an overall defense strategy. In deciding on defense strategy, counsel should consider whether the client's interests are best served by not putting on a defense case and instead relying on the prosecution's failure to meet its constitutional burden.

h. Counsel should discuss with the client all of the considerations relevant to the client's decision to testify.

i. Counsel should be aware of the elements of any affirmative defense and know whether, under the applicable law of the jurisdiction, the client bears a burden of persuasion or a burden of production.

j. In preparing for presentation of a defense case, counsel should:

i. develop a plan for direct examination of each potential defense witness;

ii. determine the order of witnesses;

iii. consider the possible use of character witnesses; and

iv. consider the need for expert witnesses.

k. In developing and presenting the defense case, counsel should consider the implications it may have for a rebuttal by the prosecution.

l. Counsel should prepare all witnesses for direct and possible cross-examination. Counsel should also advise witnesses of suitable courtroom dress and demeanor.

m. Counsel should conduct redirect examination as appropriate.

n. At the close of the defense case, counsel should renew the motion for judgment of acquittal (or directed verdict) on each charged count.

5. Closing Argument

a. In developing closing argument, counsel should review the proceedings to determine:

i. what aspects can best be used in support of the defense, for example:

(a) weaknesses in the prosecution's case; and

(b) favorable inferences to be drawn from the evidence.

ii. what to incorporate into the argument, for example:

(a) helpful testimony from direct and cross-examinations;

(b) verbatim instructions drawn from the jury charge; and

(c) responses to anticipated prosecution arguments;

iii. what the possible effects of the defense arguments are on the prosecution's rebuttal argument.

b. Whenever the prosecution exceeds the scope of permissible argument, counsel should object, request a mistrial, or seek cautionary instructions unless tactical considerations suggest otherwise.

c. Where appropriate, counsel should submit modifications of the standard jury instructions in light of the particular circumstances of the case, including the desirability of seeking a verdict on a lesser included offense.

d. Counsel should object to and argue against improper instructions proposed by the prosecution.

e. If the court refuses to adopt instructions requested by counsel, or gives instructions over counsel's objection, counsel should take all steps necessary to preserve the record.

f. During delivery of the charge, counsel should be alert to any deviations from the judge's planned instructions, object to deviations unfavorable to the client, and, if necessary, request additional or curative instructions.

g. If the court proposes giving supplemental instructions to the jury, counsel should request that the judge state the proposed instructions to counsel before they are delivered to the jury and, if appropriate, take all steps necessary to preserve the record.

Sentencing Or Disposition

Counsel should:

1. be knowledgeable in disposition provisions and alternatives;

2. ensure the client is not harmed by inaccurate information or information that is not properly before the court in determining the disposition to be imposed;

3. ensure all reasonably available mitigating and favorable information is presented to the court.

4. in delinquency cases and in adult criminal cases as appropriate, be prepared to present a disposition plan on behalf of the client, as well as to respond to inaccurate or unfavorable information presented by other parties.

5. in delinquency cases, advocate for or develop dispositional resources that will aid the client in obtaining the least restrictive disposition, and obtain all appropriate orders to protect the youth's rights and interests.


1. Counsel should be fully aware, and make sure the client is fully aware of:

a. sentencing guideline structure, if applicable, or the maximum, mandatory, minimum and likely sentence or disposition, including likely jail, detention or prison time, or training school commitment;

b. the statutory and philosophical differences in juvenile court disposition and adult sentencing. The global focus of juvenile court dispositions include planning to meet the youth's educational, emotional and physical needs while protecting the public from future offenses;

c. imprisonment or incarceration, including any mandatory minimum requirements and maximum terms;

d. restitution, fines, unitary assessments and court costs;

e. possible and likely sentence enhancements, and probation, parole, or post-prison supervision consequences;

f. asset forfeiture;

g. deferred sentences, conditional discharges, informal disposition, or conditional postponement and diversion agreements;

h. probation or suspension of sentence and permissible conditions of probation;

i. possibility of later expungement and sealing of records;

j. the possible and likely place and manner of confinement;

k. credit for pretrial detention;

l. the effect of good-time credits on the client's release date and how those credits are earned and calculated;

m. if applicable, parole or post-prison supervision eligibility and applicable release ranges;

n. self-surrender to place of custody;

o. likely post-prison or training school supervision conditions;

p. eligibility for correctional programs, work release and conditional leaves;

q. available drug rehabilitation programs, psychiatric treatment, and health care;

r. collateral consequences of conviction, e.g. deportation, civil disabilities, sex offender registration, DNA and AIDS testing, and enhanced sentences for future convictions;

s. restrictions on, loss of, or other potential consequences affecting the client's driver's or professional license;

t. the purpose of the interview for the Pre-Sentence Investigation (PSI) or the interview of the juvenile court counselor for disposition, including that the client's attitude may be a critical factor in obtaining a favorable recommendation for sentencing or disposition and that clients who appear cooperative, concerned, remorseful, and responsible will fare better;

u. the juvenile court's very broad discretion in ordering dispositions that may range from fines, restitutions, community service or unsupervised probation (bench probation), in which the youth is placed at home, to closely supervised probation at home, placement in a group home in the community, placement in a highly structured residential treatment program, placement in a staff secure or locked program, commitment to a locked psychiatric hospital, or commitment to a locked juvenile institution (training school).

2. Counsel should be familiar with the sentencing and dispositional hearing procedures, including:

a. effect that plea negotiations may have upon the sentencing discretion of the court;

b. procedural operation of any sentencing guideline system;

c. effect of a judicial recommendation against deportation;

d. access to the presentence or dispositional report by counsel, the client, and others;

e. availability of assessments such as psychiatric, psychological, educational or neurological evaluations to both the PSI investigator or juvenile court counselor and client's counsel in preparing sentencing or dispositional recommendations;

f. prosecution's practice in preparing sentencing or dispositional recommendations;

g. use of a sentencing or dispositional memorandum by counsel;

h. opportunity to challenge information presented to the court for sentencing or dispositional purposes;

i. availability of an evidentiary hearing to challenge information and the applicable rules of evidence and burdens of proof at such a hearing;

j. disposition alternatives available to the juvenile court and the various agencies that serve youth and families that can provide treatment, placement and other dispositional services that may be required, such as anger management counseling, individual therapy, and sex offender treatment;

k. that the youth's parents may be court ordered to participate in the youth's counseling or attend counseling or drug or alcohol treatment themselves, as well as being required to pay support for the youth while in out-of-home care or incarceration;

l. participation that victims and prosecution or client's witnesses may have in the sentencing or dispositional proceedings;

m. witnesses that may be called by counsel, such as family members, teachers, ministers or others who have worked with the client;

n. the admissibility of other evidence, such as letters of support, education or medical records, or evidence of participation in community or church activities.

3. Counsel should:

a. inform the client of the applicable sentencing requirements, options, and alternatives, and the likely and possible consequences thereof;

b. maintain regular contact with the client prior to the sentencing hearing and keep the client informed of the steps being taken in preparation for sentencing;

c. obtain from the client information such as the client's background and personal history, prior criminal record, employment history and skills, education, medical history and condition, financial status, and sources through which the information can be corroborated;

d. determine with the client whether to obtain an independent psychiatric, psychological, educational or neurological or other evaluation for sentencing or dispositional purposes;

e. if the client is being evaluated, whether by the state or at counsel's request, counsel should call or write the evaluator in advance to provide favorable background information for the evaluator's use and to request that the evaluator address the client's emotional, educational and other needs as well as alternative dispositions that will best meet those needs and society's needs for protection;

f. ensure that the client who is being evaluated understands the process, is not frightened, and is encouraged to cooperate;

g. prepare the client to be interviewed for a presentence or dispositional report;

h. inform the client of the client's right to address the court at sentencing or disposition and inform the client of the possible consequences that admission of guilt may have upon an appeal, retrial or trial on other offenses;

i. ensure that the client has adequate time to examine the presentence report or dispositional report;

j. inform the client of the effects that admissions and other statements may have upon an appeal, retrial, parole proceedings, or other judicial proceedings, such as forfeiture or restitution proceedings;

k. collect documents and affidavits to support the client's position, prepare witnesses to testify at the sentencing or disposition and request the opportunity to present tangible and testimonial evidence.

4. Counsel should be familiar with the procedures concerning the preparation, submission, and verification of the presentence investigation report or dispositional report. In addition, counsel should:

a. provide to the official preparing the report relevant information favorable to the client, including the client's version of the offense;

b. take appropriate steps to ensure that erroneous or misleading information which may harm the client is deleted from the report;

c. request permission to see copies of the report prior to transmittal to the court to be sure that the information challenged has actually been removed from the report.

5. Counsel should determine whether the prosecution will advocate that a particular type or length of sentence or disposition be imposed.

6. If a written sentencing or disposition memorandum is submitted by the prosecution, counsel should verify that the information presented is accurate; if the memorandum contains erroneous or misleading information, counsel should take appropriate steps to correct the information unless there is a sound strategic reason for not doing so.

7. When the court has found evidence sufficient to support jurisdiction in a delinquency case, counsel should, when appropriate, ask the court not to exercise jurisdiction and move to dismiss the petition on the ground that jurisdiction is not in the best interests of the youth or society.

8. Counsel should prepare and present to the court a sentencing or disposition memorandum where there is a strategic reason for doing so.

9. Counsel should be prepared at the sentencing or disposition proceeding to take the steps necessary to advocate fully for the requested sentencing or disposition and to protect the client's interest.

10. Counsel in delinquency cases should be prepared to present evidence on the reasonableness or unreasonableness of OVA or SOSCF's efforts and alternative efforts that could have been made, and where appropriate request a 'no reasonable efforts' finding by the court.

11. In the event facts will be disputed at sentencing or disposition, counsel should consider requesting an evidentiary hearing. Where a sentencing hearing will be held, counsel should ascertain who has the burden of proving a fact unfavorable to the defendant, be prepared to object if the burden is placed on the defense, and be prepared to present evidence, including testimony of witnesses, to contradict erroneous or misleading information unfavorable to the defendant.

12. Where information favorable to the client will be disputed or challenged, counsel should be prepared to present supporting evidence, including testimony of witnesses.

13. Where the court has the authority to do so, counsel should request specific orders or recommendations from the court concerning the place of confinement, parole eligibility, psychiatric treatment or drug rehabilitation, permission for the client to surrender directly to the place of confinement, credit for time served, good time credits, and against the deportation of the defendant.

14. Where appropriate, counsel should prepare the client to personally address the court.

Post-disposition Procedures

Counsel should be familiar with the procedures available to the client after disposition.


1. Counsel should be familiar with the procedures to request a new trial including the time period for filing such a motion, the effect it has upon the time to file a notice of appeal, and the grounds that can be raised.

2. Counsel should inform the client of his or her right to appeal the judgment and/or the sentence or disposition of the court and the action that must be taken to perfect an appeal. In circumstances where the client wants to file an appeal but is unable to do so without the assistance of counsel, the attorney should file the notice in accordance with the rules of the court and take such other steps as are necessary to preserve the client's right to appeal.

3. Where a client indicates a desire to appeal the judgment and/or sentence or disposition of the court, counsel should inform the client of any right that may exist to be released pending the disposition of the appeal.

4. Where a custodial sentence has been imposed, counsel should consider requesting a stay of execution of the judgment to permit the client to report directly to the place of confinement.

5. Counsel should inform the client of procedures available for requesting a discretionary review of or reduction in the sentence imposed by the trial court, including any time limitations that apply to such a request.

6. Counsel should inform the client of any procedures available for requesting that the record of conviction be expunged or sealed.