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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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On behalf of NACDL, we write to address the need to amend Rule 17 of the Federal Rules of Criminal Procedure to allow the parties to issue subpoenas for documents and tangible items to third parties without leave of Court. … The current Rule 17 is ambiguous in critical respects, leading to disparate application that threatens the ability of defense counsel to adequately investigate, develop, and present available defenses, and thus to provide the level of assistance required by the Constitution.
Defense attorney Elliot Abrams discusses a Fourth Circuit case that rejects the use of filter or taint teams after a law office search. He uses this case to develop a road map for lawyers to follow to protect client confidences in response to subpoenas or seizures of client files by the government.
Challenging Stored Communications Act 2702 - Anonymized Motion
Example Subpoena Language for Call Detail Records.
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of appellees Rodrigo Perez Pallares and Ricardo Reis Veiga urging affirmance of the district court’s order. Chevron Corp. and filmmaker Joseph Berlinger are involved in ongoing litigation dating back to 2003, when the Ecuadorian plaintiffs filed a class action lawsuit in Ecuador. Also in 2003, the Ecuadorean government filed criminal charges against Chevron and two of its lawyers, Pallares and Veiga.