The Pitfalls of Criminal Discovery and Statutory Obligations (Virginia Approved for 1 Credit)

In federal and state criminal practice, discovery missteps can have serious consequences — including sanctions, ethical violations, or even disbarment. In this timely and practical CLE, Judge Clark and federal prosecutor Gene Rossi will guide attorneys through the complex and often misunderstood obligations surrounding criminal discovery. Focusing on four key areas — Brady, Giglio, the Jencks Act, and Rule 16 — the session will clarify the differences between disclosure and production, define what constitutes the “prosecution team,” and explain how and when critical information must be shared. Attendees will also explore the consequences of delayed or incomplete disclosures, the use of protective orders, and common pitfalls in handling witness statements, rough notes, expert reports, and exculpatory evidence. The program will touch on the Classified Information Procedures Act (CIPA) and the State Secrets Privilege, offering insight into how national security concerns intersect with a defendant’s right to a fair trial. Whether you represent the government or the defense, this CLE provides essential tools for complying with discovery obligations, protecting your client, and maintaining professional integrity. With courtroom-tested guidance and real-world examples, this session is a must for any attorney navigating the high-stakes environment of federal criminal litigation.