About the Briefbank
Below are links to sample motions filed by AFPDs in the Northern District of California, as well as some contributions by CJA counsel and other defense counsel. To incorporate these motions into your brief, right click and download the document. Please take care to update the research in these motions and tailor them to the unique facts of your case. There is nothing less persuasive than an obvious boilerplate motion with outdated law, that does not reflect the unique case before the Court. Using these motions as boilerplate, without updated research and modification, is a disservice to the client and a misuse of this briefbank resource.
This briefbank is a work in progress, and we will be adding motions to it periodically. If there are any motions that contain outdated summaries of the law, or that rely on authority that has been overruled, please contact our office with corrections.
Bail:
COVID Motion for Release [2020] pdf
Motion For Bail Pending Appeal [2019] pdf
Motion For Appeal of Detention Order [2021] pdf
Motion For Release With Conditions - Detained because of Flight [2021] pdf
Motion For Bond [2021] pdf
COVID Motion To Extend Deadline for Self-Surrender [2020] pdf
Bifurcation and Severance:
Sever Defendants [2012] pdf
Sever Counts [2012] pdf
Competency & Sell:
Competency [2012] pdf
Defense Experts:
Discovery and Confidential Informant Disclosure:
Reveal Informant [2012] pdf
Motion For Disclosure Of Confidential Informant [2012] pdf
Government Experts:
Challenge Gang Expert [2005] pdf
Illegal Reentry Challenges:
Invalid Deportation due to Mental Illness [2012] pdf
Invalid Deportation [2012] pdf
Invalid Deportation due to Failure to Inform about Relief [2012] pdf
Invalid Deportation due to Non-Aggravated Felony [2012] pdf
Indictments - Surplusage, Multiplicity, Duplicity, & Bill of Particulars:
Bill of Particulars word
In Limine Motions
404(b) and 403 [2021] pdf
Judgment of Acquittal and for New Trial:
Def. Rule 29 & Rule 33 Motion [2003] pdf
Jury Instructions
Objection to Jewell Instruction [2000] pdf
Objection to Jewell Instruction [2012] pdf
Juvenile:
Seal Juvenile Record [2012] pdf
Request For Juvenile Jury Trial [2012] pdf
Dismiss For 5033 Violations [2012] pdf
Miscellaneous Motions (Return of Property, Etc.):
Venue Transfer [2012] pdf
Supervised Release and Probation Motions [2012] pdf
Retest Drug Evidence [2018] pdf
Motion For Stay Of Certification Of Extradition Pending Resolution Of Petitioner’s Appeal [2015] pdf
Motion for USM to Pay Travel & Subsistence [2009] pdf
Motion Challenging Racially Selective Enforcement [2016] pdf
Early Termination of Probation [2022] pdf
Search/4th Amendment Challenges:
Invalid Search Warrant [2012] pdf
Motion To Suppress Fruits Of An Unlawful Search [2012] pdf
Motion To Suppress - Bad Warrant Based on Racial Prejudice [1999] pdf
Sentencing Memoranda:
Deconstruct 2K2.1 Guidelines [2008] pdf
211 Robbery Not Crime of Violence [2017] pdf
Career Offender Challenge [2018] pdf
Challenging Racial Disparity with Statistical Declaration [2021] pdf pdf
Career Offender Racism Challenge [2020] pdf
Career Offender Racism Challenge [2021] pdf
Speedy Trial:
Motion to Dismiss for Speedy Trial Violation [2000] pdf
Motion to Dismiss for Speedy Trial Violation [2012] pdf
Suppress Statements & Miranda Issues:
Suppress Statements [2012] pdf
Suppress 3rd Party Statements [2012] pdf
Suppress Eyewitness ID:
Trial and In Limine:
Present Duress Defense [2012] pdf
Mistrial For Dismissal of Juror [2012] pdf
Wiretaps (Title III Electronic Interceptions):
Other Resources
Challenging Search Warrants For Phones, Computers, And Social Media Accounts It includes ACLU amicus briefs setting forth legal arguments wrt problems with overbreadth, particularity, plain view, etc. pdf
Incorporating Race and Culture into Criminal Cases by Twyla Carter pdf
Rap on Trial: A Legal Guide for Attorneys is a legal guide to help attorneys defend against the use of rap lyrics in criminal proceedings. link