Criminal law attorney Joshua B. Kutnick has seen some success with a motion for funds. Episode 278 (Duration 23:42)
If you're not quite sure exactly what this is then buckle down and listen up because Josh will have you winning this motion in no time.
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Not only does Joshua Kutnick walk us through the litigation steps of this type of motion, he also provided a sample motion for you to add to your own arsenal. You can download it below.
Joshua B. Kutnick
Joshua B. Kutnick is a sole practitioner who limits his practice to the criminal law. He's been at it for 17 years and handles cases in both federal and state court. To find out more about his practice visit his website at www.kutnicklaw.com. Additionally, he is always available to answer questions at the following phone number: 1 (312) 441-0211.
Lerma plus Kinion
Here's the thing: People v. Lerma says in some cases a criminal defendant should be allowed to call an eyewitness expert in their defense. But what if your client can't afford to pay for one? Is your client just out of luck? Not necessarily.
Maybe the state or the court can pay for it. Attorney Kutnick steps in and gives us the foundation for a Motion For Funds…
Then he circles back and illustrates how such a motion can come in handy to help hire an eyewitness expert.
There is something useful and practical here for everyone.
Important Links & Resources
- 725 ILCS 5/113-3(d) – Expert Witness Fees
- People v. Kinion, 97 Ill.2d 322 (1983)
- People v. Lawson, 163 Ill.2d 187 (1994)
- In re T.W., 402 Ill. App (3d) 981 (2010)
- People v. Lerma, 2016 IL 118496 (January)
- Sample Motion For Funds
- See Also Professor Karen Daniel For More Insight On Eyewitness Expert Litigation
- See Also Real Life Eyewitness Identification Expert Professor Shari Berkowitz
In This Episode
✓ What's better than winning a motion to admit an eyewitness expert in your defense? Getting the State to pay for it.
✓ What every criminal law attorney needs to know about paying for an expert.
✓ WARNING: Don't just read and rely on the funds statute. It's 100% misleading and contradictory. Josh explains how the Illinois Supreme Court has come in and completely reinterpreted that section.
✓ When 250 dollars doesn't mean $250.
✓ Do you know the 3 prongs you need to cover for a successful Motion For Funds?
✓ The secret to getting the court to pay your expert fees even though your client could afford to pay your own attorney fees.
✓ The quickest way to a reversal is to deny the defendant the opportunity to fully defend himself. Denial of a desperately needed expert simply because you lack the funds affects this fundamental right.
✓ Establishing that an expert witness helps your case is enough to win this motion…Wrong! You're going to have to do a little more work for the money. You'll also have to establish…
✓ What you can do to help increase your odds of winning this motion. It's like “juicing” the hearing before you get started, and it completely improves your chances of getting the court to release some funds on your client's behalf (Hint: it involves a little seed money.)
✓ Practical real life examples from Joshua's practice. How he used a motion for funds to pay for two experts in the same case! One was a video expert who was allowed to examine a videotape and assess it for tampering. The other was a firearms expert. In a third successes story, Joshua petitioned the court for fees to obtain a psychologist who helped him make sense of some psychological records.
✓ What an “opinion letter” reveals and how to use it in court.
✓ Joshua reveals the correct approach to picking a winning case to make sure you don't lose this motion.
✓ The reason why the decision, People v. Lerma, can help you petition the court for funds even though the opinion says zilch about the court paying for a defense expert.
✓ How the court can help you get deeper insight into your own case by agreeing to release some funds (Don't forget. Experts are also available for a consult. Think: DNA cases.)
Before You Go…
This sample motion specifically address an eyewitness expert witness. However, this sample motion is easily adaptable to your own needs. Add it to your collection now.