morning and welcome to this course on understanding the prophetic let's continue with our classes in the last class we were learning about receiving from the Lord being sensitive to what the Lord is communicating to us and the various you know senses that the spirit man carries so we will continue from there but before that just a word of prayer so alright let me just pray and then we go forward let's pray together how about father we thank you for this day we thank you Lord for the very breath that you have given us father we are grateful that Lord we can experience the blessings of the cross and Lord for the truth of your word Lord even as we sit Lord under the teaching of your word we pray may our hearts be changed and strengthen us more and more father Lord we commit ourselves Lord all the all the faculty students their families Lord we just pray that you will bless us and a lot continue to guide us as per your purposes in Jesus name we pray amen so just in continuation to our discussion of the last class a few things first of all I said if there are any questions we will take it up we talked about the sense of seeing hearing touch taste and what else what was the other one feel no touch already we've done smell yeah smell so any questions regarding these he also did the same thing okay okay fine so we're quite clear on it but I think the area where we may struggle is we ask a question whether what we are hearing is from the Lord I think that's where we all struggle isn't it we do see pictures we do have images coming to our mind but then we wonder is it me maybe I had exposure to this kind of an image at some point now I'm thinking it again in my mind so this is the concern how do we differentiate and how do we ensure that the communication that we are picking up is from the Lord so how do we do that any thoughts on that whatever we receive like to discern it came from the spirit or from the soul yes so whatever we get we should be confirmed or it should align with the word of God and it should not I mean when we receive prophecy also it should comfort them like it should build them right so it should not be in our own way of telling something that's the first thing is aligned with the words word okay align with God's word to some extent that helps us before we share the prophetic word but I think for the most part we will apply that during interpretation okay now the thing is how do you know yeah like the moment you get it is it from God or not first thing is to be true to ourselves like we should have to be genuine like we have to check it with ourselves like yeah am I thinking of it or is it from the Lord it's like this word pastor ashesha yes first to be true with ourselves and another thing is like we should ask God Holy Spirit God to bear a witness okay good yeah so these these aspects really help one of course is the sincerity excuse me of our hearts when we are asking ourselves a question whether really is this from God or am I sure so if I'm feeling very sure only then I should share it if I'm not feeling sure then don't share it okay so that is one thing the second is inner witness of the Holy Spirit like you sense that yeah Holy Spirit is speaking to your spirit and saying yeah it is me go ahead don't worry so if you have that witness of the spirit also we can go ahead right and the other part which is given in our notes Hebrews 5 verses 13 and 14 if someone has the mic can you read it please it's there in the notes also Hebrews 5 13 14 Hebrews chapter 15 verse 13 and 14 yes anyone who lives on milk being still an infant is not acquainted with the teaching about righteousness but solid food is further mature who by constant use have trained themselves to distinguish good and good from even okay so a few things that we notice here scripture says that those who are unskilled they partake of milk because milk is simpler than meat isn't it so like babies they are fed milk because the capacity to digest is very small compared to an adult who is able to digest meat so he's talking about maturity and maturing and in the following scripture again he says solid food belongs to those who are a full-aged that means those who are mature can digest better more complex foods and those who by reason of use have their senses exercised so that means that the capacity of our you could say spirit but also the soul when we say the soul it includes all mind will emotions all the capacities one has practiced or exercised it over and over again when we play a sport it's only the people who have played it a lot that they are so quick isn't it like we are so even if you take a game like badminton it's amazing how the people who are playing regularly they quickly get the like you know they just hit the cock quickly how is it that they get it so fast whereas someone who is just starting the reflexes are there but not as good as the person who is probably playing very often it's very similar even in the spiritual as far as spiritual senses are concerned the more we are exercising it again and again and again and again you can just pick it up the inner witness of the spirit do I have it or not is it aligned to the word do I have it or not is it me is it God quite quickly you can tell okay but for that it's about practice it's about maturing in that so what is the application of this the application is to keep doing it see sometimes we look for big only like somebody calls us they tell us okay you lead worship or you know you pray minister to the people that time we say okay God speak to me give me a word but then you're doing it one off so then where is the exercise of the senses but when we're doing it in our like in our daily lives you can be more assured that your you have more accuracy okay and more often maybe prayer times are here in the Bible college we have such a good time like especially supernatural hour and we keep saying right like just step out don't be afraid go ahead release that word that God is speaking to you so these are the opportunities and it's a safe place even if like let's say we make little bit of a mistake in the interpretation there are others who can guide us help us so practice the senses that's the way to get better at the prophetic okay and that's what this passage teaches us and here in our notes pastor has shared about a dream that he had which he journaled and in that dream it was as if God was sharing what the hindrances are for someone who is hearing from the Lord so basically the dream was something like it early in the morning he saw as if you know earbuds are going into the years you know how it happens in the dream right like everything is larger than life and you so he saw one big year and then he saw one big year but go inside and clean the year and all that then he prayed he said okay Lord I got this dream what is the interpretation so God gave the interpretation and the lessons that God was trying to communicate through this dream are from like Mark chapter 4 where we read about the seed being the word of God and you saw the seed right and then what happens the seed which is sown on good ground it thrives but that which is sown on a stones or that which is sown among thorns or the one that the birds take away right so there are there other places where the seeds are sown that it doesn't grow so then God kind of revealed that there can be certain distractions which will not allow the word to grow similarly when we hear from the Lord that communication or our hearing can be hindered by some of these things so weeds what are weeds we know that in that parable of the sower of the sea see the sower parable of the sower thorn weeds refer to the cares of this world and the deceitfulness of riches and the lust for other things so we can check our own lives sometimes when we get caught up in these things does do we have responsibilities we do we have personal responsibilities family responsibilities but also God calls us and says okay ministry I want you to serve there is a call of God on all our lives now if you become too preoccupied the cares of this world right or the deceitfulness of riches scriptures quite clearly tell us those things will be there always be there or the lust for other things but they should not become a distraction as far as the call of God is concerned we can learn to follow the call of God while balancing you know every other aspect of our lives it's possible so that's the way we focus and we hear what God is saying stones what are stones stones have to do with afflictions and persecutions for the word sake and now we know that when we receive a word from the Lord it's not like things will be smooth because scriptures teach us when the word comes to us Satan will try to come to take that word away from us that's always the case so when that happens we should not be surprised saying oh why am I going through difficulty and trouble because scriptures already say there will be persecution for the word sake so when we receive the word there will be persecution but somebody who does not allow the persecution or the affliction to stop them that kind of a person will hear clearly that kind of a person will grow in the Lord and he says passes also written a dirt some forms of dirt dirt is the filthiness that comes from the world outside okay when we get affected or tainted by the things of the world so that affects our holiness then also our sensitivity can come down so these are all aspects that we have to be careful about and you know as long as we are maintaining these things we will be able to hear well from the Lord now what are a couple of other things that we have to be careful about you see the way God speaks to us for a lot of us we may have had encounters with God where it was very dramatic very powerful yes those kind of things do happen when somebody just calls you out in the crowd and says okay you come here I want to talk to you this is what the Lord is saying to you so that seems like wow that is God speaking but sometimes we may get a word from the Lord which is so it comes in a very simple way like you might just be going about doing your daily stuff and you get a word in your heart like okay you know this is what the Lord is going to do but we hesitate to receive the word that came in a simple way we question that a lot we're like no but if God is saying something so powerful how come it came so in such a simple way but we want to hear it from a prophet or you know we want to hear it from an angel we want Gabriel to come and tell us okay but here's the reality not always will the word come with you know thunder and lightning most of the words that we receive come in the simple promptings inner promptings inner witness of the Holy Spirit so there's a really beautiful statement that pastor made over here he says in the last statement of that chapter do not miss the supernatural while looking for the spectacular okay we like we like action yeah we like little bit of you know little some noise some excitement then we are ready to receive our that word is from the Lord but if it comes in a simple way there's an example also given here in our notes which is from Elijah's experience first Kings 19 verses 11 and 12 where the Lord is speaking and Elijah is looking for it he's standing on the mountain and he's looking for it and he thinks the voice of the Lord will come in the wind it will come in the earthquake right it will come in the fire but where did the voice of the Lord come from still small voice so it's the same thing as far as the prophet is concerned most of the time it will be still small voice but then there are sometimes when it may come in a dramatic way so we just be ready for receiving the word so then two main points practice that was one second is be ready to receive whichever way the word comes you know it might even come from some simple person in our congregation we don't think that oh they are so godly or anything but they come and they pray for you they say something and that is profound now we may reject the word thinking ah this person is coming in Delhi I don't want to listen right so these are the mindsets of the attitudes that actually will hinder us from hearing from the Lord it can come from anyone right so be open now the next very important subject to think about is it yes one last one last thing is not like like sensing and all these things we will when we are when you are telling it's like we have to be sensitive with Holy Spirit and we we usually point out this experience thing like if we have experience we can easily so sometimes it may happen like this also right like out of experience we may interpret wrong and we may sense whatever it comes to our mind like it it happened with so many people like see if they were so experienced at some point they'll do mistake and then it comes completely opposite the word it or something whatever it is so like if we are fully of emotional first is fully emotional like because of our own things what we are going through or what someone is going through if I want to pray for you I may know about you yes and the second thing out of experience we have that confidence in our heart the first thing is emotionally very we are connected to the things what had happened yes and the second thing is the confidence in us which I know I can I am capable of sensing very easily okay so by these two things we may interpret wrong I mean we may sense in a wrong way like yeah it can happen yeah what we have to I mean there are so many I mean big big pastors or some prophets fall in this place yeah correct how we can yeah so take it up as every every time we prophesy take it as a unique case isn't it so even if I've had multiple experiences and I may see a similar picture but each time I have to think okay Lord so basically like full dependence on God at all times is required I may say this see the same picture but I have to think okay but God what are you saying instead of jumping in and saying oh yeah I know what this is you know so I think dependence yeah I saw before one so I think that dependence on God is so very necessary and second is allow a place for judgment okay it's somewhat scary but always that's nice like if people can all come back to you and they can say hey you said it but you know it didn't happen no we should all love that because sometimes when we don't give place for it people go through a lot of pain and they don't know how to tell also because oh this is a prophet of God man of God we can't go and tell so we should not make it like that give some space like here you know some simple mechanisms we have in the administrative like people write feedback people can just directly come all the email IDs are there of pastors if we make a mistake people just write to us they say hey you said like this you did like this it was not good that's actually helpful not just for the people but it's also helpful for the minister because it keeps us in check oh yeah I should not have done that you know so I think give opportunity for people to judge you I'm saying it in a nice way you know so it's helpful for our growth these two will help like we should not like use of our experiences in interpretation yeah can I do this like can I do the statement like we we should not yes use our experiences for interpreting the visions or anything yes you're right upon the time and the people and if it is for me also if I if I see something uh uh a pizian if God says if God want to say something in in one time yes after years if he if he show the same thing maybe I should not depend upon the older experience yeah you're right yeah so meaning you're basically what you're saying is there is a bias right we become biased based on our experience you that should not affect today's prophetic word so yeah that's something we have to train ourselves right so this is a little bit about sensitivity now we will come to testing and interpreting personal prophecies okay so as far as the speaking of the prophetic word is concerned or receiving of the prophetic word is concerned there is a process before you know it can be applied and we need to understand that process so that we are clear on you know how exactly the uh word can be applied so there are a couple of elements that are mentioned we are in chapter 10 and you can refer to your notes in the prophetic process it's listed revelation presentation interpretation application timing and confirmation so we will look at each one of these one by one first is revelation okay uh how to receive how to receive the word from the Lord and we have learned a lot about this okay so we we receive it from our spirit senses but you see when it comes to the revelation aspect one thing we have to be clear is that there is a word from the Lord that much of a guarantee or confidence we we need that okay this what i'm hearing is from the Lord because it is possible as we said earlier right word can be from us also let's say you know i'm praying for a brother and he's from my church and we are helping a lot we are guiding that person and he's going through he doesn't have a job he's going through a very tough time as a pastor or as a human being who cares i might come up with my own prophecies you know like god is giving you a job god is doing this god it's all from my psychological you know my my care for that person so here's the first thing we have to distinguish between a word from the Lord and a word from the person or worse still we know that the bible talks about spirits lying spirits okay now that's another danger uh but for this we need the witness of the holy spirit the discerning of spirits within us when we can identify somebody could be prophesying and it could sound very much like it's from the Lord but we may sense in our spirit that something is off so the origin of the prophecy where is it from if it is from people that's so sad because we know we saw right earlier god said to the people don't listen to these prophets they prophesy to you false vision divination worthless thing and the deceit of their heart okay so god doesn't like that when people prophesy lies Jeremiah 14 14 as i kill 13 again two three it says when when prophets do that what are they actually doing uh you know they are kind of treating you poorly the people are being treated poorly when a word from their own hearts is being spoken now if at all there is a false spirit which can also happen we have to stop it we have to say hey come on stop you can't prophesy like this now how do we know there'll be many features by which we can identify right it won't be edifying it won't be exhorting uh it will be more more condemning bringing more fear uh and all that so that's a false spirit that's a false spirit and as ministers of god we have to be alert just because everyone is prophesying you know we can't just by default say yeah it's from the spirit of god so revelation where what is the origin of the revelation so the way to go about the prophetic process first is identify that it is from god okay great so now that we've identified that this is from the lord what else is important second is presentation presentation so uh i don't know how many of you have um seen the purification of gold have you ever seen like when they first collect gold i saw one video of a person he takes it from a place uh where there's a river flowing also so there's you know water and sand and some specks of gold in it and then he starts to purify it they filter filter filter filter and then they identify those specks of gold right so it's somewhat like that when it comes to the presentation we have to think what is of the lord and leave behind the human element human element will be there some part is from the lord that's pure gold but then there is all these extra parts which have to be removed right which is from the human heart um and also we have to recognize that in that prophetic word as i said some specks of gold not everything is revealed isn't it remember we said earlier we prophesy in part only some part will be there so it's okay don't worry that everything we are not able to share we want to present the genuine so that is about the presentation present the genuine word of the lord remove it from all other impurities and when we present it remember we also said the spirit of a prophet is subject to the prophet so which means we can share however we like we can share right then or we can share later we can share it with a lot of expression or loudly or you can even share it in any other way simple way or um you know depending on where which scene you are in somebody may make a picture or somebody may write a song somebody may make a power point presentation so how you present it is also in your hands right yeah some question to ask like uh in the previous point like uh revelation as we're talking about this uh false people who do false spirit and you said like how we can identify it's it won't be edifying it will be condemning yeah but will it be always the same because if we see in this book of germa all the false prophets were they are giving good words for the king they are telling like don't worry god will deliver you but germa is telling the opposite he was prophesying that judgment will come so but if we see here that how we can take it yeah so see by the holy spirit that's why i use the um i used two um you know like phrases one is witness of the spirit thank god now we have the witness of the holy spirit will feel in the spirit that something is not correct he may say very good things like god is going to lift you up and this and that but inside you you're like something is not correct that that uh motivation is not correct like you can feel it okay so that is one way second way but this is little more long term is to look at the fruit of that person's ministry or prophetic word i remember long ago the story was like way back this is one of our extended family members who were not believers in the lord but they shared that they met one couple who were doing ministry and they were prophetic and now they are believing in god something like that but there were a lot of other things which they were sharing which was not very good like um like they were interfering a lot in the families um they they were not very um positive with the prophetic words like apparently that person he will prophesy in public and condemn like god knows what you did so repent before the lord like that and a lot of condemnation so all that was going on and uh see you should see the fruit of the ministry right and it's so sad that actually that ministry didn't last and the people who are part of that ministry all of them left and so many were hurt families were very badly hurt and um this our person we know they're no longer in the lord their family is not in the lord so the more we try to talk to them about god they say what god we went through a lot we don't want to follow this god so are you seeing the result prophesy okay moving in the gifts of the spirit okay what is the fruit is it leading people to god or away from god so in the long run that way we can recognize where is the fruit if fruit has led you closer to god then okay but if fruit is not there then we understood right so that's a little more long-term kind of a test but for the immediate uh i think holy spirit will bear witness correct yeah yeah yeah see uh so you're you're saying even to discern should we have some experience right but it's actually like you know what like john 10 27 i always consider that scripture it says my sheep hear my voice so if you're the sheep of the lord jesus practice no practice sheep will know where what where what the master is saying it's it's like that uh prince so you don't really need yeah i mean in this situation even if you're so fresh even if you've never heard about the prophetic you'll know because you know your lord jesus and as a sheep of the lord your senses are tuned to that you can make out it's not see back in those days i was a kid okay but even i could tell something is not correct yeah i mean it it works god will be there i mean holy spirit will give that sense to interpret but how come uh like i got a thing okay then we think in this way i mean in this perspective if god wanted to speak with me he'll make me understand right like because see i i've experienced few things like when something is happening like if someone got something there are many people who interpreted but it won't uh what it won't i mean align like the connection there won't be any connection but i believe god speaks out of nothing i know but the thing is uh how come it is uh it is okay with the person if i got something then god will make me understand right why the need to summon to interpret like i am just think it's my own no only yeah my perspective right see that is the ideal situation when we receive a word if we ourselves can interpret uh we'll come to it when we study dreams because the person saw the dream and though they are telling us uh in my dream i saw a beautiful flower and the flower bloomed a lot of parts of that dream we are not able to see because the feeling that the person had when they saw the flower you know the colors uh there is so much that we cannot receive from that small description so it is best that the person who has the word interprets however that's not always the case so those who receive are not able to interpret which is why god has given provision through other people to interpret it for example you see joseph right interpreter of dreams because the people who got the word could not interpret so uh yeah ananda because the situation is like that a lot of people are not able to interpret it has to be done by the spirit of god so then it's okay to accept uh is it because of my disability or you told like god provided people to do that work yeah is it because of my disability i i couldn't interpret or or god want uh someone to tell me yeah so i believe it's both in some situations we are not able to interpret it so we need help secondly we are a body isn't it see i can also read and i can learn everything why do i need a teacher there are so many teachers in the body of christ that's the way god has made us interdependent so there are profits can the teacher not do the profits work he can the spirit of god is same right but the spirit of god gives those abilities in a varying way so that we can depend on each other every part can depend on each other so i think god does that so that we need each other also yeah so we can't say that uh i you know i'll do it on my own we need each other yeah and uh also it gets the attention it gets our attention sometimes see that same word if it comes to me i uh correct but if today just i'm giving one example let's say if pastor jakes comes anand i was yesterday i just thought and i felt like god told you like what yes tell me more because you have more attention like if it's come to somebody else whom you know and respect you pay more attention so god knows how to grab our attention that way too yeah yeah yes yes yeah so that way god works okay so we'll look at this one more section here and then we can stop we said revelation presentation now coming to interpretation we've seen earlier that god speaks um through symbols you remember all that we discussed earlier from hosea 12 numbers 12 and those symbols need interpretation symbols or the other term was dark sayings so then when god speaks why does he do that sometimes you wonder it it is a puzzle it is a proverb you know it is a riddle and it's not straightforward few things are straightforward but most things are not why does god do it you know god wants us to depend on him to also get the meaning of what all these things are so interpretation is also by the spirit of god we have to depend on god one nice example is there in our notes let's say we see a car we're praying for somebody right we see a car interpretation can be so many like what is this here god wants to give this person a car or the person has a car business or he could be a car mechanic or he just lost the car you know or you know he has a friend who likes cars or his son has a toy car that he really likes it can be so many things now what are we going to tell that person okay we'll come to this also later on while interpreting sometimes we say I see a car right and then the person like okay then what but you see there are so many interpretations so we really have to depend on the spirit of god otherwise what god is trying to communicate it will never reach that person correctly accuracy will be lacking so that's where the interpretation comes in when god says god speaks to us in symbols dark sayings okay and especially when it comes to interpreting of dreams it's so interesting you'll suddenly see there'll be a tongue the tongue will become long the tongue will go it'll do this it'll do like how can a tongue grow and you know go here and then but there is a meaning god is trying to say something okay so we'll come and expound on that a little later but while we are at these things just want to remind us that revelation when it is by the spirit of the Lord interpretation can also be by the spirit of God so we keep saying right interpret you try to interpret what does it mean what does it mean we have to depend on the Holy Spirit logically we cannot okay to some extent we can say that oh yeah in the Bible maybe this image is here and there but we really have to depend on the Holy Spirit Holy Spirit will then give confirmation yeah correct okay keep moving keep moving and then we'll come to the conclusion of what the interpretation is okay so interpretation is also a very big deal when it comes to prophesying okay so we'll stop at that great so we can stop here and we'll continue the prophetic process I want to request one of us to please pray before we can close today Father God we thank you thank you for this time Lord Lord help us to really hear from you and be a blessing to others Lord help us to be very consciously hearing and be very truthful about what we are hearing and sharing with others Lord teach us Lord in Jesus name we pray amen amen thank you thank you Nina thank you everyone God bless you have a good weekend


Jennifer says tank Russian tank story. I think I've told the story though. I just remember that I think I told the story but When I was in a tank or that we were You know, we were really Trained we trained against the Russian t-72 the t-72 at the time was considered Was considered the most advanced tank in the world It had a very slick profile. So it was very difficult to actually hit it and it was it was relatively fast and It had what no Western tank had was it had an automatic loading system of the projectiles That a tank fires so in a typical tank you have four members. You have a driver You have a loader you have a gunner who shoots and you have a tank commander I was a gunner and and actually, you know, put my back in tank commander school And then I got shifted to military intelligence, but So we were basically training against t-72 and the t-72s and and and You know, we were we were Told that, you know, they had the best tanks and unfortunately I was in the most primitive tanks the Israelis had the Israelis had these old centurion tanks, which were British tanks from the 1950s and 60s and some of the units in the Israeli tank call had the The m60s, I think it was the American new American tank that had just been brought into service in the late 70s and Then the Israeli tank which turned out to be probably the best tank in the world at least at the time which was the mercavar which was a Very very advanced tank And very very focused on protecting the soldiers in the tank My tank was was like a coffin if it got hit you were dead I mean, there was just no way out of it and you probably died a very very slow painful death of being roasted alive In the tanks, so it was it was brutal. That's the centurion tanks Anyway, so we trained against the Russian tanks and and of course we all was told You know, we were scared of the Russian tanks and it was always a worry and it was always a fear and then Israeli tank call actually engaged with the Russians in with the Russian tanks with the Syrians had in 1982 in the in the war in Lebanon now by that point I was in military intelligence. I was not in the tank call Luckily and so I didn't see combat in that sense but I was part of my role in intelligence was to monitor what was going on and I'll give you an example of that in a minute, but so one of the things that we noticed was that That one of the things the one of things that happens to the to the Automatic loading system now automatically this system has a lot of advantages because you can you can staff the tank with only three people You have less human error and all of that stuff But what it turns out is that with the t-72 you didn't actually have to hit the tank you could hit anywhere close to the tank and the the what do you call the The explosion would rattle the tank and Basically the rattling of a tank would make the automatic loader go Basically would disable it and it would stop working So you didn't even have to hit the tank to disable the tank now without the automatic loader given that they only had three people There's no need to load load a projectile into the into the tank and the tank became useless and the crew just would get out and run so the tank would suffer in concussion and it would be completely disabled and One of the things I remember vaguely remember in during that war was The Americans and the Israelis wanted to get their whole hands on a t-72 They wanted to you know because because you wanted to get one so that you could actually train against it This is one of the great advantages the u.s. military had is it had Israel Collecting as at one wars collecting Soviet equipment so that then the Americans could train against that equipment They would study it. They would learn it. They would get every aspect of it and then they would This is what we did So one of the one of the missions during during the war in Lebanon was to get one of these abandoned tanks and to bring it Back to Israel which which the Israeli military did and then they had a they had a t-72 that they could target practice against and Could learn its weaknesses and could learn its strengths They could learn exactly how to defeat it and Israel did this with weapon system after weapon system after weapon system of in the Soviet era and I assume You know that continues in the Russian era that is that there's there's a lot of knowledge that we have about all of this Wow, all on says he's in the Pyrenees in, Catalonia Catalonia is not a country Roland. It's that's in Spain, right? So, wow, that's beautiful country. I love Spain. It's a great place. The Pyrenees are beautiful Catalonia is beautiful food is amazing. All right. That's my that's my Russian tank story. All right Are we done with tanks Ukraine and Russia for a little while Thank you for listening or watching the Iran book show if you'd like to support the show We make it as easy as possible for you to trade with me. You get value from listening. You get value from watching Show your appreciation. You can do that by going to Iran book show dot com slash support I go to patreon subscribe star locals and just making a appropriate contribution on any one of those any one of those channels also if you'd like to see the Iran book show grow Please consider Sharing our content and of course subscribe press that little bell button right down there on YouTube So that you get announcement when we go live and for you those of you who are ready Subscribers and those of you who ready supporters of the show. Thank you. I very much appreciate it


Everybody landed for us here upping 2023 Bowman draft baseball choice and super jumbo seven box mixture number 34 random teams It's random and rip. Good luck y'all eight five and three Sorry, we were both focused on trying to get a few things done real quick one two three four five six seven and eight Jeffrey H down to Harper and teams eight times one two three four five six seven and eight Twins down to Cardinals Jeffrey H twins Harper B Dodgers Chris S cups Harper with the Mariners Christopher J Mets Matthew B Nationals Stacey C Tigers Chang S Rockies Mike K a Orioles Jonathan L Red Sox Peter M Braves Aaron C Guardians Heath G Pirates Zachary G Padres Sean M Giants Joseph S White Sox Zachary G A's Luke O Brewer's Connor M Rangers Harper B with the Reds Edward S Rays Eric E Dbecks Mike K I Phillies Steve C Royals Eugene Astros Angels Jeffrey H Yankees Jays MQ Marlins and Harper with the Cardinals So we got to get one-on-one fill in guys There's a link for your results right there We got to get one and one fill in just Padres and Rangers left on Definitive coming up shortly another mosaic spot just came in mosaic choice is down to 15 that is halfway full on that 22 to go dual case 2019 and 2022 impeccable football Let's do it guys one-on-one the cup definitive mosaic choice and dual case football here So we're looking for tonight So this is paper-based split even in this break Glass of Gonzales White Sox a yellow refractor of Deon Jorge Rockies at a 75 is a Langford Fractor of Radenburg Cross Kashal Jacob Gonzalez Wyatt Langford Skone wetter and insert auto. Yeah, Braden Taylor class of 2023 for Tampa Bay. There we go. Good name for the Rays Holiday in Emerson 30 box football mixture tomorrow everybody big time break Counts towards the regular season promo It is one of our weekly football mixtures. This is our Sunday fun day on a Saturday It is stacked Light blue paper to 499 coupette for the Rockies Still breaks the fill tonight too purple refractor to 250 Xavier Isaac Rays not many though grab your spots y'all Let's start filling one-on-one y'all schemes Yeah, the cup and one-on-one fractures a bowmeister Jorge McGraw abner Wyatt Clark Morgan A first-moment auto Santana for the Rays There you go Rays Rays Rays up is what they say, right? I have no idea what like With their four fans Oh boy Oh, jeez jumbo Diaz might come and capture that one. Yeah, that was your big get for the offseason Vaughn Yeah, I now feel that I'll probably start 70 games That'd be that'd be lucky if he actually plays 70 you get to trade away verdugo A future lunar crater to 199 Quinn McDaniel for the Giants. That was jumbo at first that actually showed Subromo I was like, all right, that's creepy fractures of karig CJ capis Arias camfisher Gutierrez Jaworski Detmer a Ethan O'Donnell first woman base auto for the Reds Light blue paper redfield angels the 499 Some more base here. There's a Davis Meyer Bradfield louder Glass of Chase Davis for the Cardinals a sparkle weninger for the Mets Refractors Gonzalez Quinn McDaniel Jayce Young Mercedes Paul Skeens refractor Same with Cole Miller Santana Gutierrez and a blue wave CJ capis nice hit guardians don't sleep on cave 147 of 150 first woman blue wave auto Also, his parents were buying him They were they went into one of my LCS and we're buying draft trying to hit you to hit their son. That's cool. Yeah There's actually a lot of players that rock rishio is buying his own cards on e-biff. That's cool, too Kate dendron is it for the actual live chat? Yeah green paper to 99 roman anthony red sox roman anthony is On the big come up this off season It's been pretty crazy. A lot of people are chasing him all of a sudden Lunar glow of nickels for the rays Maybe that's why the red sox aren't doing much. They believe in the guys they have their farm is the top five farm ranks now Lamerson fractures of ahuna Merrill holland ham weninger void rodin And insert auto do brice eldridge draft picks and prospects number to 99 for the giants Candler, I think a lot of it has to do with the fact that he has a clear path, especially with verdugo gone to get to the majors quick And he plays for boss red sox have no outfield. Yeah, it is red sox, but I agree. I don't think that he's like super special, but I think there's some justification He was for sure like Should have been chasing him when bowman came out last year. Yeah, he was very affordable That's when he should have been going after him the red sox weren't even like a big team He was very affordable. I remember when we did the bowman break it sgc. It was like, yeah, you could hit a roman Oh, yeah, I would not be buying him at his current prices I would be selling him all day long. Yeah, yeah for sure for sure I'm excited about him as red sox man, but I'm not buying The cards at that look at that. All right choice case Let's hit another super Degree if I just want to keep it in supers. I've still never hit a first bowman super A type p. That's our guide. And I apparently type p class of 2023 autograph mariners That's the thing about like big teams prospects when they're like decent when they're like pretty good. The hype goes crazy. Yeah First woman autograph jacob gonzalez white sox Sweet gonzalez Really nice start to the ranger sold more cup spots coming in So the challenge padre sold definitive is sold out then I'm gonna have to check personal life for this Personals are feeling fast And a true green first auto mac whore bath Baltimore dude 36 of 99 that's sweet Y'all mosaic choice is already over half full mosaic choice football 10 box random teams 12 to go in panini one-in-one tiered random teams y'all Let's start working on that break Rockies first woman autograph jack mahoney green lava first bowman eric baton t brewers 68 of 99 that is a nice hit for the brewers and a base auto goes to cleveland cooper engel Cooper engel his name fast like cooper engel Cool Pringle Come on Dude sour cream and onion pringles. I probably go through late Canada. Oh, come on. Let me mix in a carrot Dude, come on. Oh's come on. Oh, that's a bradfield choice now one 23 of 150 Well, I always got both their two big players at low numbered autos. That's great. Yeah, that'll play that does it for you Why not do it for you? But that'll that'll your break point very well first autograph blake michael kasey Mike k with baltimore nice michael good base auto there and a gold shimmer first bowman auto zander mooth for the pirates of the color match 42 of 50 All these mooths in pittsburgh. Oh, sorry peaburg First woman autograph pirates carrot forester Vaughn, do you think the red talks are gonna make a trade this obviously and it seems like they're gonna make a trade Like I don't know if they want to do free agency. They want to do a trade did hazer sign anywhere you know Dodger first auto choice fillies devon salted bond Wouldn't surprise me 143 of 150. I mean, why not? Honestly, they kind of should Like, you know what we really want to win. So let's keep doing this Refractor first auto for the reds hunts are haul into 224 499 Yeah, trade for a pitcher One of the brewers pitchers. I don't know why the brewers are so fixated on wanting to get rid of one of their pitchers They should Yeah, but it's the brewers. They just don't Where is home is home back to the brewers? Is that home for hater? Even would be sweet Orioles base auto jade cunningham this time Other Orioles hit That's a blue wave It's a blue wave first for the mariners johnny far mellow 144 of 150 late first rounder and hd a choice auto again here this time dodgers dylan cambell 146 of 150 Yeah, beaver would be the ideal pitcher to acquire. I think via trade What are their pitchers are like trade targets outside of like burns and beaver sees See ceases gonna cost too much though because he's young and he has yeah That's the other big picture on the mark. I don't think he gets moved because he has yeah because he has Control he's got what three more years or something. That's a lot two two. That's still All right, orange tj walton Big one fills three of 25 Who's got philadelphia mike k i vote the mike k's doing super well here grads on that walton Yeah, three of 25 orange wave his auto super clean He signs like full every time I'm gonna be the absolute best cursor, but he signs his full name, which is great first auto Soto gnats ellion soto Yeah, and the white talks are right to ask for a lot for a young pitcher that has control Like liquid apple louis castillo feel like one kind of iffy year And then he bounced back huge sees probably gonna do the same thing And last hit of the bright green lava coal karig rockies He's good 58 of 99 on the first bowman autograph Karig is very good very nice Let's do a recap some definitive sold out first cup sold out two down to four breaks tonight. What's up ryan? Yes, sir Yeah, we promoted him. Yeah, I got a promotion All right y'all one and one still 12 to go 12 to go two teams are spot on that. Yeah, so if y'all have questions Shoot them at me all throughout the night.  What's up bromo's Big time walton there. Thanks again everybody. We are moving on now to more baseball


A Federal Judicial Center Orientation Series for United States Magistrate Judges Criminal Litigation Before Magistrate Judges Part 2 Pre-Trial Services, Appointment of Counsel, Initial Appearance, Preliminary Examination, Pre-Trial Release, and Detention and Removal Hearings with the Honorable Tommy E. Miller Judge Miller was appointed United States Magistrate Judge for the Eastern District of Virginia in 1987. He is an officer of the Federal Magistrate Judges Association and serves on the Federal Judicial Center's Committee on Magistrate Judge Education. Judge James G. Carr was appointed United States Magistrate Judge for the Northern District of Ohio in 1979. He has served as a member of the Criminal Law Committee of the Judicial Conference and Judge Virginia Morgan. Judge Morgan has served as a United States Magistrate Judge for the Eastern District of Michigan since 1985. She is an officer of the Federal Magistrate Judges Association and a member of the Long Range Planning Committee of the Judicial Conference. Welcome to Part 2 of Criminal Litigation Before Magistrate Judges. In Part 1, Judge Goodstein introduced you to three of the pre-trial procedures you will usually perform prior to the arrest of a defendant in a criminal case. Judge Goodstein introduced you to complaints, warrants for arrest, and search warrants. Judges Morgan and Carr and I will continue this discussion by focusing on the pre-trial procedures you will perform after the arrest of a defendant. Pre-trial services, appointment of counsel, initial appearances, pre-trial release, detention hearings, preliminary examinations, and removal hearings. We hope you'll find our discussion and many of our suggestions helpful to begin your new duties as a Magistrate Judge. Keep in mind that the topics covered by our discussion apply to both misdemeanors and felonies. We'll also be referring to the federal rules of criminal procedure throughout our discussion. When possible, we'll use the hypothetical criminal drug case and criminal procedure flow chart presented in Part 1 to illustrate what we're discussing. We have quite a few topics to address in this program, so let's get started with our discussion of pre-trial services. Judge Carr, the decision whether to release a defendant pending trial or to order pre-trial detention is a difficult and demanding one. To aid this decision-making process, Congress enacted the Pre-Trial Services Act. Since adoption of the Act in 1984, Congress has mandated the provision of pre-trial services in each of the 94 federal districts. The Act, which is codified at Title 18 United States Code, Sections 3152 through 3156 envisions two distinct ways in which pre-trial services are to be provided, either through a pre-trial services agency or through the probation office. Pre-trial services officers play a crucial and helpful role at every initial appearance, other than in petty offense cases, and every detention hearing. Section 3154 of the Pre-Trial Services Act lists various functions and powers that have been delegated to the Pre-Trial Services Agency or its probation department counterpart. The first of these functions, and the focus of this discussion, is to collect, verify, and report information relating to the pre-trial release of the defendant. This includes information bearing on dangerousness and, where appropriate, a recommendation on whether the defendant should be released or detained. The collection, verification, and reporting of information relating to the defendant and his or her background are at the core of any effective pre-trial services operation. In the absence of adequate and accurate information bearing on the issue of pre-trial release, the magistrate judge is left unaided and unguided in his or her decision making. The risk of error and the likelihood of injustice in that circumstance are equally great. Judge Carr, wouldn't you agree that some tension exists between the amount of time pre-trial services needs to prepare the necessary information and the defendant's right to a prompt appearance and the right to counsel? Yes. There is no perfect way to accommodate these potentially conflicting interests. But there are a couple of steps that a magistrate judge can take to reduce some of the potential for delay. The first is to make certain that pre-trial services is notified immediately by either the marshals office or the law enforcement agency when an arrest has occurred. There is no need to postpone notification to the agency until the defendant has actually been delivered to the courthouse, which may have been as long as several hours after the arrest. Second, pre-trial services should be given the basic background information about the defendant is known by the arresting officers or law enforcement agency at the time pre-trial services is first told of the arrest. A copy of the warrant, a complaint, or indictment will also be given to the pre-trial service officer at this point. In addition, you should instruct the prosecutor's office routinely to inform the pre-trial services officer whether it will be requesting pre-trial detention or if it is aware of any special circumstances that bear on the question of release or detention prior to the initial appearance. Third, have the officer adapt the pre-trial services report to the circumstances. If a detention hearing appears likely, the officer should be encouraged to present you with a very brief report and to postpone preparation of a more elaborate report until the detention hearing. In other words, as part of your working relationship with government agents, assistant U.S. attorneys, and pre-trial services officers, you should communicate your expectation that all available steps will be taken to reduce the delay between the defendant's arrest and his or her appearance before you. Another problem, in addition to delay, is the risk that the defendant may unwittingly incriminate himself. That's absolutely correct. Much of the information about the defendant, the defendant's ties to the community, employment and family situation, and education and other pertinent factors is elicited during the pre-trial service officer's initial interview with the defendant. That process is not entirely without risk to the defendant, however, and procedures have been implemented to avoid those risks. In some courts, particularly where there's a federal public defender's office, an attorney may be readily available to consult with the defendant prior to or during the interview. In other courts, particularly those in which there's no federal public defender, significant delay may result if the pre-trial service officer's interview does not occur until counsel has consulted with the defendant. Even where the defendant has retained counsel, a significant amount of time may pass before the lawyer can come to the courthouse to meet with the defendant. Delay is undesirable from the defendant's standpoint as well as yours. Continued confinement may have a coercive effect that diminishes the defendant's willingness to assert constitutional rights. Using the hypothetical criminal case shown in Part 1, let's see how the pre-trial services officer handles Angela Smith's case. As you will recall, Smith was arrested for selling cocaine to undercover agent Ralph Brown of the Drug Enforcement Administration. The co-defendant, Michael Jones, drove away from the crime scene. Smith was processed by the United States Marshals Office. Agent Brown has already discussed the case with Assistant U.S. Attorney Ron Johnson. Johnson and Brown have drafted a complaint against Angela Smith, which will be presented to a magistrate judge at Smith's initial appearance. Smith is now in the cell block of the federal courthouse and is about to meet her pre-trial service officer for the first time. Ms. Smith, could you come here please? I'm a pre-trial services officer here. I need to fill out this form for you. It's just general information for you some determining conditions of release. Wait, what? A pre-trial what? Service report. What kind of information do you need? Just general information, residence employment. Okay, present address. 4107 to represent me in court. Okay, do you want to hire a lawyer? I can't hire an attorney. I can't afford it. Can't they appoint me one? Sure. If the court finds that you are unable to afford an attorney, the court will appoint one for you. Then you won't have to pay the lawyer's face. Right, just as long as it's free. Would you like the court to appoint you an attorney? As long as it's free. Okay, in that case you need to fill out this financial affidavit right here. And then you'll swear to it that all the information is true. The court will review it, and if you qualify, it will appoint you a court attorney. Okay, first you need to fill out the rent here month by month. Okay, okay. Again, here's income month by month. That's important. And then... As you've just seen, the pre-trial service officer is generally the first officer of the federal court system to contact the defendant. Most courts permit the officer to meet with the defendant in the absence of counsel, just as you saw here. And to present the defendant with a financial affidavit and a notice of rights and waiver form, both of which are included in the appendix to your written materials. The financial affidavit form is given to the magistrate judge, who reviews the information and decides whether or not the defendant qualifies for court appointed counsel. The notice of rights and waiver form focuses on three topics. The defendant's prior criminal record, his or her drug abuse, and unlawful sources of income. Which, if discussed by the defendant with the officer, may affect the defendant adversely at sentencing. Under the United States sentencing guidelines, proof of a prior criminal record, drug abuse, or an unlawful source of income may result in an increase in the defendant's guideline range. There is, accordingly, a concern that the defendant not be compelled to provide this information during the pre-trial services interview. Should the defendant be convicted, all information obtained during that interview will be made available to the probation officer preparing the pre-sentence report. On the other hand, this information is critical to the determinations you must make at the initial appearance. Nevertheless, this dilemma, which in the past has led to some courts to restrict access by pre-trial services officers to unrepresented defendants, can be avoided. One means of avoiding it is by using the notice of rights and waiver form that we just mentioned. Another is to encourage officers to check other available sources of information on these topics. The pre-trial services officer should have access to the defendant's prior criminal record through the agency's own office or through the marshals or other law enforcement sources. Also, the defendant should not be viewed as the only source of information about his or her possible drug use and financial circumstances. In most cases, that information can be obtained fairly quickly as part of the process of verifying information about the defendant's family ties and ties to the community. Such verification comes most typically from a spouse, parent, or other relative or friend. Where release is a possibility at the initial appearance, the pre-trial services officer's report should include any release conditions that should be imposed, including a program of supervision. These conditions usually will be fairly standard, but it is always useful to have them listed for your reference. Even where the process of gathering and verifying basic information is expedited, additional delay resulting from the time required by the officer to prepare a written report for your consideration is unavoidable. And where you may be tempted to save time by dispensing with the written report, I can only urge you not to do so. A written report, which is a record of the officer's activities, findings, and recommendation, is the most useful, reliable, and effective means of comprehending and using the information the officer has obtained and confirmed. Or his report may also note not confirmed. Of course, it may be necessary to dispense with the written report in some circumstances. But even then, a post-hearing report should be filed for the record. And as a general rule, you should expect and wait for a written report. What's your opinion on recommendations from pre-trial services officers concerning detention and conditions of release? My opinion, it's preferable that the officer's report include a recommendation on detention or release on conditions. That recommendation is not binding, of course, but it helps focus your thoughts. It may also cause you to ask the officer to obtain further information about a topic that has either been overlooked or not covered as thoroughly as necessary. A few moments' discussion with the officer before the initial appearance is also appropriate. That discussion should, however, be between you and the officer, or between you, the officer, and counsel for both parties. Any request by counsel to be heard ex parte should be denied. When a defendant has been arrested on a complaint, there's a likelihood that the government will seek to indict him or her, not just on the charge set forth in the complaint, but on other charges as well. The extent and severity of such additional charges may have a bearing on your view of the risk of flight or danger to the community, and the government may indicate whether such additional charges are likely to be filed. On the other hand, you should not permit the government to develop a habit of asserting at the initial appearance that other charges will be filed and then failing to go forward on those charges later. Nor should the possibility that the defendant may ultimately have additional offenses be used as a device to keep the defendant in custody on a pending charge that, standing alone, would warrant release. I agree, but I also think that it is essential that you remember your limited role as a magistrate judge. If the government volunteers additional charges and seeks to rely on them, you may consider them for whatever value you think they have. However, if they do not, it would be inappropriate for you to inquire as to what other potential charges the defendant may face, because you could possibly interfere in the grand jury process and impact on prosecutorial discretion. My point is a simple one, and that is, if you detect that certain assistant U.S. attorneys routinely appear before you at the time of initial appearance and indicate in support of a detention request that they have additional charges that they plan to file, and then it comes to your attention that no such charges are filed in due course, you should be alert to that kind of tactic that may be offered improperly to seek detention when otherwise release would be appropriate. Now, who should get a copy of the pretrial services report? The pretrial service officers report should be made available to the prosecutor and the defense attorney if there is one at the initial appearance. The pretrial services officer will retrieve those copies as well as your own at the conclusion of the hearing. So far, we've talked about pretrial services and the various recommendations concerning detention and conditions of release. Now let's talk about one of the first things the defendant will discuss with the pretrial services officer, the appointment of counsel. As you know, the Sixth Amendment to the Constitution guarantees persons accused of most crimes the right to be represented by an attorney. The Criminal Justice Act implements this guarantee in the federal courts by providing legal counsel to represent defendants who don't have enough money to hire attorneys for criminal cases. The Act calls for the appointment by the Court of Defense Counsel in Felony and misdemeanor cases and in a variety of other situations in which the accused may be incarcerated if convicted. It also allows the United States District Courts to set up different plans for appointing lawyers for indigent defendants. It will be your job to determine whether the defendant is indigent for purposes of appointing counsel under the Act. That determination is made based on the statements contained in the defendant's financial affidavit when in doubt you should err on the side of appointing counsel rather than denying counsel. Remember, if you later determine that the defendant is able to pay part or all of the cost of the court appointed attorney, you can order the defendant to make that partial or total payment to the clerk of court. The selection of the attorney is an important aspect of the appointment process. If you find that the defendant cannot afford to hire an attorney, the selection of the court appointed attorney is also governed by the Criminal Justice Act located at Title 18, United States Code, Section 3006A. In some districts, the magistrate judge appoints the Federal Public Defender's Office to represent defendants. In others, the magistrate judge selects an attorney from a list of private attorneys from the community who have been approved by the court to represent defendants under the Criminal Justice Act. Such attorneys are sometimes referred to as CJA panel attorneys. Sometimes the defendant will be uncertain about whether he or she will be able to retain counsel. In such a case, you should set a deadline for appearance by retaining counsel. Or you can set a deadline by which time the defendant must retain counsel. And at that time, the defendant's attorney has not entered an appearance. You should make further inquiry with respect to indigency. And if possible, you should appoint counsel or conduct an inquiry regarding prosa representation. What about the situation where the counsel who is retained wishes to make only a limited appearance? Or the situation where counsel is initially retained and enters an appearance but the retainer is not forthcoming? Judge Morgan? Limited appearances are generally not a good idea. It is important to have a lawyer who is committed to representing the defendant through the entire case, including the appeal. Limited appearances should rarely be accepted by the court. It should also be carefully explained to retain counsel that once the attorney enters an appearance, withdrawal is only by leave of court. One alternative is to appoint the Federal Public Defender's Office to represent the defendant at the initial stages and then have retained counsel substitute in. The difficulty, however, is that a substitution late in the pretrial stage may result in delay of the trial. Another alternative is to allow the lawyer to speak on behalf of the defendant for bond purposes only, without requiring the lawyer to enter an appearance until the next court date by which time he or she should be retained. Let's take another look at our hypothetical drug case. Let's assume that the magistrate judge finds that Angela Smith is financially unable to hire counsel and appoints attorney Jack Lee from the Public Defender's Office to represent her under the Criminal Justice Act. Ms. Lee? Yes, Ms. Lee? Hi, my name is Jack Lee. I'm an attorney with the Federal Public Defender and I've been appointed to represent you in your case. Well, I mean, I'm real glad that the judge appointed you and all, but I have a question. How can you work for me if you work for the judge? Well, that's a good question, Ms. Smith. My answer is this. Like all lawyers, I have to follow certain legal and ethical rules in my dealings with the court. And it's true that the court has appointed me as your attorney in this case. But I don't work for that judge and I don't work for the court. So who do you work for? I work for the Federal Public Defender. What's that? It's an organization of lawyers separate from the court.  Well, I just hope that you do the same thing defending my case that a private lawyer would. I will. And just like a lawyer in private practice, my job is to protect your legal rights and make sure you get the best possible results in your case. But if you make the judge angry, won't he fire you? Look, Ms. Smith, the bottom line is this. When the judge appointed me to defend you in this case, he knew that like any defense lawyer, paid or appointed, my job is to give you the best legal representation I can. And that's what I intend to do. Okay. I feel a little bit better. In this case, the public defender, Jack Lee, was appointed before court actually began. That gave defendant Smith an opportunity to speak with her attorney prior to the initial appearance before the magistrate judge. This is not always the case. In some districts, public defenders will not be available and the actual appointment of counsel occurs in open court during the defendant's initial appearance. If that is the case, you should allow sufficient time for the defendant to meet briefly with appointed counsel before completing the initial appearance. What about the defendant who informs you that he or she wishes to waive the right to counsel and proceed pro se? This can sometimes create a troublesome situation. Yes, it can. An accused has a constitutional right to waive counsel and to represent himself or herself if he or she chooses to do so. However, courts have held that the defendant must knowingly and voluntarily waive the right to counsel. This means that you must make clear on the record that the defendant is fully aware of the hazards and disadvantages of self-representation. But what issues do you take into consideration before allowing such representation? There are many issues and Section 1.02 of the Bench Book for United States District Judges includes a colloquy that has been approved in a number of cases for establishing an appropriate waiver of counsel. You'll find a list of questions you should ask the defendant before granting the waiver. For instance, you must ask the defendant whether he has ever studied law or represented himself in other actions. You must advise the defendant of the nature of the crimes charged and the maximum penalty. Point out to the defendant the need for understanding the federal rules of evidence and the federal rules of criminal procedure and explain the voluntary nature of the waiver. In addition, you should emphasize that the court cannot give the defendant any advice on how to handle the case. The Bench Book also recommends that you consider the appointment of standby counsel to assist the defendant and to replace the prosa representation should you determine during trial that the defendant is unable to proceed prosa. These are just some of the issues and questions you should address before you allow prosa representation. That brings up two serious problems, hybrid representation and joint representation. What's your opinion on them? Hybrid representation should be discouraged. The defendant should either proceed prosa or have a lawyer. It should be noted that the defendant will not be able to claim ineffective assistance of counsel if he proceeds prosa. A related matter is joint representation of more than one defendant by the same counsel. This presents a different problem which may arise at any stage of the case. Ordinarily, the court appoints separate and independent counsel for each defendant. Occasionally, however, defendants will seek to share the same retained counsel. If a federal public defender is appointed, that attorney or the court should make sure that there are no conflicts from joint or prior representation. If there are, a panel attorney should be assigned. Under Rule 44C of the Federal Rules of Criminal Procedure, the court has a duty to promptly inquire about joint representation and to advise jointly represented defendants of their right to independent counsel. Again, you should take whatever measures you think are necessary to protect each defendant's right to counsel. If this gives the court substantial discretion, does it not to accept or reject proffered appearances on behalf of two or more joint defendants? Yes. And in wheat versus the United States, the Supreme Court said that the court did have discretion in this area. Rarely is there a good reason for defendants to be jointly represented. On the other hand, there are many good reasons for detecting and responding to conflicts of interest in joint representation cases at the earliest possible time. Some of the conflicts that may arise with dual representation of co-defendants concern pretrial matters, such as lack of independent investigation in support of each defendant's case or the inhibition or even total prevention of independent plea negotiations. Other conflicts may arise at trial or sentencing. So in other words, you would strongly recommend that magistrate judges advise co-defendants against dual representation. Yes. I believe it is the responsibility of the magistrate judge to make clear that a court-appointed attorney is available to represent the co-defendant or to consult with the co-defendant concerning the potential problems with dual representation. An attorney proposing to jointly represent co-defendants should be required to assure the court that such representation will not give rise to a conflict that might result in a lack of effective assistance of counsel or prejudice to any defendant. We should also point out that Section 1.22 of the Bench Book contains a series of questions you should ask the defendant regarding joint representation and that Section 1.23 contains a sample waiver of conflict of interest form. You should address these questions directly to the defendant and not just to counsel and have the defendant sign the waiver of conflict of interest form in any joint representation circumstance. Once the defendant has spoken with an attorney, the next step is for the defendant to appear before the magistrate judge at the initial appearance. Let's return to our hypothetical case and see what happens in Angela Smith's initial appearance. Good morning. Will counsel please identify themselves for the record? Good morning, Your Honor. Assistant United States Attorney Rhonda Johnson for the United States. Jack Lee on behalf of Miss Smith, Your Honor. Good morning. State your name for the record, please, ma'am. Angela Smith. Would the Deputy Clerk please administer the oath to Miss Smith? Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth to help you, God? I do. Miss Smith, let me advise you that you are not required to make any statement in connection with this matter. Even if you've made a statement, you need not say anything more to anyone about this case other than to your attorney, of course. Now, if you start to make a statement to anyone, you have the right to stop at any time. Any statement made by you can be used against you. Do you understand those rights, ma'am? Yes, Your Honor. Have you had an opportunity to speak with Mr. Lee about this case? Yes. Now, Miss Smith, as you know, I've reviewed your financial affidavit and I've appointed Mr. Lee to be your counsel to represent you under the Criminal Justice Act. But I want you to know that you have a right to employ counsel of your own choosing if you can afford it. I understand. I'm gonna stick with Mr. Lee. Very well. Miss Johnson, do you have a matter for the court to consider? Yes, Your Honor. The United States has filed a complaint and affidavit against Miss Smith on this matter. Now, Miss Smith, you've been brought before me today because the United States Attorney has charged you with a violation of law to width distribution of cocaine, a control substance and violation of Title 21, Section 841 of the Code. Now, the purpose of this hearing is not to decide your guilt or innocence, but to advise you of your rights and to make some preliminary decisions about bail. Now, I've read the complaint and affidavit filed by the United States in this matter and I find probable cause to believe that Miss Smith committed the offense of distribution of a control substance, that is cocaine. Miss Smith, you have a right to what is called a preliminary hearing in this case, since it is a felony case. Now, at the preliminary hearing, the government must present evidence that is probable cause to believe that the offense of distribution of cocaine was committed and that you committed it. Mr. Lee, does your client wish a preliminary examination? She does, Your Honor. Very well. We'll pick a date in just a minute. The initial appearance is the defendant's first appearance before a judicial officer in the federal court system. It is governed by Rule 5 of the Federal Rules of Criminal Procedure. As you've just seen, the magistrate judge is charged by Rule 5. The magistrate judge must, one, inform the defendant of the charges against her. Two, advise the defendant that she has the right to have counsel of her own choosing and that if she cannot afford to pay for an attorney, one will be provided at government expense. And three, advise the defendant that she has the right not to make a statement and if she does make a statement that the statement might be used against her. If the defendant has been charged by a complaint and not by a grand jury indictment, the defendant also has a right to a preliminary examination within 10 days that the defendant is in custody and within 20 days that the defendant is not in custody. You should be certain to ask the defendant if he or she has received a copy of the charging document, whether it is a complaint or an indictment. Although not required by Rule 5, many magistrate judges also advise the defendant of the possible penalties including any mandatory minimum sentence. Ideally, the defendant's counsel and assistant United States attorney and a pretrial services officer will be present at the initial appearance. However, the scheduling of an appearance without unnecessary delay as required by Federal Rule of Criminal Procedure 5A sometimes precludes the appearance of all the parties at the initial appearance. As Judge Carr mentioned earlier, preparation of the pretrial services report may also delay the initial appearance. Usually the report can be prepared in no more than two hours. However, an uncooperative defendant or unverifiable information may require extensive investigation on the part of the pretrial services officer to determine the background of a defendant and such an investigation takes time. Moreover, some magistrate judges are located in areas where there is no United States attorney's office. In this case, the judge may wish to have the assistant United States attorney communicate with the court by conference call to ensure the government's appearance at the initial appearance. The final matter to be addressed under Rule 5 is whether the defendant should be released or detained pending the trial. As you can see from the flow chart, this determination can be made more than once in the process. The decision is based on the same statute regardless of whether it is made at the initial appearance or at the arraignment. You must apply the provisions of the Bail Reform Act of 1984 contained in Title 18 of the United States Code. The act requires every accused to be released without posting bail or meeting special conditions of release unless the judicial officer finds that the defendant is likely to flee, endangered the safety of any other person, or endangered the community. In such event, the magistrate judge must impose the least restrictive further condition or combination of conditions that will reasonably assure the defendant's appearance and the community's safety. If the defendant is released before trial on conditions, you must sign an order setting conditions of release. A copy of the form is included in the appendix to your written materials. You'll notice that the form sets forth all of the pre-trial conditions imposed on the defendant as well as the consequences that will result if the defendant is alive with the conditions. If the magistrate judge finds that no conditions of release are adequate, then the detention of the defendant can be ordered, but only after a pre-trial detention hearing is held. We'll talk about detention hearings a little later in the program. First, let's take a few minutes to consider some of the release conditions that are available to district courts under section 3142C of the Bail Reform Act. In this discussion, I will be following the sequence that appears in the legal manual for the United States Magistrates and the monograph entitled Judicial Officers' Reference on Alternatives to Detention, which has been prepared by the Probation Division of the Administrative Office. Both are available from the Magistrate Judges Division of the Administrative Office. The first release condition we'll discuss is a condition requiring the defendant this typically will be either the pre-trial services agency or the probation department depending on which agency is responsible for pre-trial services in your court. The frequency and type of contact usually can be set by the officer responsible for monitoring compliance with the order of release. Another release condition is third-party custody. This typically is with a spouse or relative, though another custodian may be considered. In many instances, you will want to have pre-trial services also check the background of the proposed custodian. The important consideration is whether such custodian manifests qualities of mature judgment and responsibility sufficient to give you confidence that he or she will place the obligation to the court ahead of any sense of commitment that may be felt toward the defendant. Some magistrate judges rarely use third-party custodians. Others, like myself, use them frequently in the theory that even when release is warranted in any event it is always useful to have an additional pair of eyes on the defendant. I use this condition primarily when the defendant is young and I require him to live with his parents whom I require to be third-party custodians. Outpatient substance abuse treatments and outpatient mental health services are two other release conditions. These conditions are desirable whenever the defendant has a history of drug or alcohol abuse or mental health problems. You should keep in mind that pre-trial services often have contracts with treatment providers that assure immediate access at government expense to such treatment. Another release condition is to impose a curfew or home confinement. This condition restricts the defendant to a specific location during specified hours. It is often combined with supervision by a third-party or pre-trial service agency which can be required to maintain telephone contact with the defendant to ensure that he is where he is supposed to be in accordance with the curfew's conditions. Alternatively, you can have compliance with curfew or confinement supervised by means of electronic monitoring. Home confinement with electronic monitoring monitors a defendant's presence at a location designated by the court. The cost of such monitoring which are less than $10 per day in most areas can be imposed on the defendant or paid for by federal funds. Electronic monitoring whether used in conjunction with a curfew or as part of a more restrictive regime such as home confinement is no guarantee of appearance but it does offer the benefit of prompt notice that something is amiss. Most magistrate judges who have used electronic monitors appear to be well satisfied with their effectiveness as an alternative to detention where risk of flight is a concern. Home confinement without electronic monitoring sometimes referred to as house arrest is a released condition which confines the defendant to a specific residence system. The security of this approach can be enhanced by third party custody and supervision by pretrial services officer. As noted in the monograph a variety of factors may diminish the reliance that can be placed on this alternative. Financial conditions are another released condition which addresses risk of flight by the defendant. Most commonly the defendant may be required to execute an unsecured appearance bond. Additional signatories may also be required to enhance the security afforded by this bond. An agreement to forfeit title commonly referred to as a property bond is another possibility. You can make this as formal or as informal as you desire. Some courts take a quick claim deed from the owners of record. Others take other forms of conveyance while others use forms available from the administrative office. In any event the effect is the same. The property is posted as security for the defendant's appearance and compliance with the law. It's important to note that some magistrate judges have declined to consider property bonds because of perceived problems with verifying the value of the property, recording and releasing the bonds and other similar issues. From a practical standpoint these should rarely become impediments to taking real property as security. There is no requirement of an appraisal or even proof of ownership if you choose to dispense with this requirement. That's right. I have found that placing the owners of record under oath and having them testify to their ownership, equity and liens usually provides all the assurance I need. Moreover, I rarely require the bond be recorded and if I do, the defendant or property holders require to bear the costs. Cash bonds and percentage bonds are also alternatives to detention to considering cases where the defendant has resources to post such bonds. Both give the defendant a stake in appearing for trial and otherwise complying with the conditions of release. Under the Bail Reform Act a cash or percentage bond should not be set as a condition where the defendant is clearly unable to post a particular amount. If you take that route you are avoiding your responsibility either to allow release on conditions that can be met or to ordered detention. Another release condition is the corporate surety bond. It's my opinion that corporate surety bonds have the unwelcome effect of causing the federal criminal justice system to rely on the unregulated efforts of the surety or the bail bondsman to apprehend fugitives. I also believe that use of bail bondsman may encourage some magistrate judges to disregard alternatives to detention that Congress has specified in section 3142C of the Bail Reform Act and to refrain from developing conditions suitable to individual cases and circumstances. I have never used a corporate surety bond and can perceive almost no circumstance in which I would do so. The defendant has no stake in appearing and the money he spends for the bond could be placed if cash bail is desired on deposit with the court to be returned when the case is over. Two other release conditions that are closely related to each other are residential substance abuse treatment and residential mental health treatment. These community-based conditions are intended for defendants whose substance abuse or mental health problems can only be controlled by inpatient treatment. Pre-trial services may have residential facilities under contract to provide for immediate admittance. Placement in a halfway house or periodic return to custody are two other available release conditions. Placement in a halfway house if you have such facilities in your community can be a very useful means of ensuring control and supervision providing needed services and avoiding the cost of commitment to jail or detention facility. With periodic return to custody, the defendant spends nights and weekends in jail or a similar setting for specified hours but is released to go to work or attend school. The Bail Reform Act also lists a number of additional conditions that can be imposed in conjunction with the ones we just discussed. These include requirements of the defendant while on release, seek or maintain employment, pursue an education, restrictions on his associations or travel and abode, avoid contact with victims or witnesses, possess no weapons and refrain from excessive alcohol abuse or any drug use. Finally, as a statute notes, the court can impose any other condition of release that it reasonably concludes is necessary to assure the defendant's appearance or protect the community. One such condition that is becoming increasingly common is required the defendant to submit to drug testing. Other conditions that courts have imposed have included video surveillance of the defendant's residence, submission of telephone records and detachment of pen registers. So far we've discussed pretrial services, appointment of counsel, initial appearances and pretrial release as well as alternatives to detention. Let's focus now on the preliminary examination. The preliminary examination is a residential hearing held before a magistrate judge to determine if there is probable cause to hold a defendant who has been charged with a felony via complaint. No preliminary examination is held if an indictment is returned because the grand jury's determination of probable cause takes the place of a determination by the magistrate judge. If the defendant waves the indictment, the United States attorney and in that case as well, no preliminary examination is held. As we discussed earlier, the preliminary examination is scheduled at the initial appearance of the defendant. The defendant is entitled to waive his or her right to a preliminary exam. There are no rules or statutes governing the form or manner of accepting the waiver. Most districts, however, use a form which is filled out by the defendant and presented to the court. That's right, it's not. Although some aspects of the preliminary examination are the same as a trial. At the preliminary exam, the defendant has the right to present evidence and may cross-examine witnesses but is not required to testify. The defendant is also entitled to the assistance of counsel. However, motions to suppress and objections to unlawfully obtained evidence are not allowed. Rule 5.1 The federal rules of criminal procedure governs the conduct of preliminary examinations. The preliminary examination is narrow in scope and its purpose is to establish whether or not there is probable cause to hold the defendant to answer the charges. It should not be used as a means to obtain discovery or produce testimony which can be used for subsequent impeachment at trial. Although frequently, it is what is attempted by defense counsel. The rule specifically states that the finding of probable cause may be based on hearsay evidence in whole or in part. If you conclude that the government has established probable cause, the defendant is bound over for further proceedings. If not, the defendant must be discharged from custody and the complaint dismissed without prejudice. Your determination of probable cause is not a substitute for that of the grand jury and the defendant is still entitled to be indicted. Because the preliminary examination requires the magistrate judge to make a determination of probable cause, it is frequently combined with the detention hearing in cases where the government has moved for pre-trial detention of the defendant. You might be interested to know that in the case of Angela Smith, Smith's preliminary examination the magistrate judge found probable cause at the combined hearing resulting in a rebuttable presumption to require Smith to be detained pre-trial. That brings us to the detention hearing. As we mentioned earlier, a defendant may be detained prior to trial under the provisions of the bail reform act. The purpose of the hearing is to determine whether any condition or combination of conditions would reasonably assure the defendant's appearance or community safety. Section 3142-F of Title 18 provides that the detention hearing shall be held upon motion of the government in certain limited situations such as where the defendant is charged with a crime of violence, an offense punishable by life imprisonment or death, or a drug offense carrying a maximum term of violence or more. Section 3142-F2 further provides that a detention hearing may be held either on motion of the magistrate judge or upon motion of the government if the case involves a serious risk that the defendant will flee, attempt to obstruct justice or attempt to threaten, injure, or intimidate a prospective witness or juror. The law requires that the detention hearing be held at the defendant's initial appearance unless the government or the attorney for the defendant seeks a continuance. The government must establish by clear and convincing evidence the facts used to support a finding that no conditions or any combination of conditions of release will reasonably assure the safety of the community. Risk of flight need only be established by a preponderance of evidence. Thus, a finding of detention requires to some extent that you predict the defendant's future behavior. Earlier in the program we mentioned that Angela Smith was incarcerated pending her detention hearing under the provisions of the bail reform act. That's because the bail reform act requires that pending the hearing the defendant is to remain in jail. Yes, that's why it's so important that the magistrate judge not adjourn the hearing unnecessarily. Under the bail reform act the government is entitled to an adjournment of up to three days. However, if the government can be prepared earlier there is no reason to grant the entire three days automatically. Likewise, the defendant has a right to have an adjournment up to five days. You should assure yourself that such an adjournment is not merely done for the convenience of counsel or the court, but it is necessary for effective preparation. Again, the federal rules of evidence are not applicable to the conduct of the hearing. General principles of relevancy and materiality should be kept in mind and applied by you, particularly if counsel appears to be using the detention hearing for purposes of pre-trial discovery. What about the defendant who wishes to testify at the detention hearing? There are some courts which have held that putting a defendant on the stand at the detention hearing may be, per se, ineffective assistance of counsel. The Bail Reform Act allows the defendant as well as the government to proceed by way of proffer. Pre-trial services has interviewed the defendant and oftentimes has obtained information from relatives or from the defendant himself that may aid you in making a determination of detention or release. The magistrate judge should accept the defendant's evidence by proffer in such cases. What factors do you normally take into consideration in deciding whether a defendant should be detained? The act is pretty specific regarding the kinds of factors which the court should consider in determining whether or not to detain a defendant. The factors are set forth in section 3142G. It includes such things as the nature and circumstances of the offense, whether it involves violence or drugs, the weight of the evidence and the history and characteristics of the person, including the defendant's character, physical and mental condition, family ties, employment, financial resources, length of residence in the community and community ties, past conduct, substance abuse history, criminal record and records concerning appearance at other proceedings. Additionally, the magistrate judge must consider whether at the time of the alleged offense the person was on probation or parole or on release pending trial for another offense. Finally, the court should consider the nature and seriousness of the danger to any person or the community. These are the items that should be contained in the pretrial services report. It is important to recognize that if you find probable cause to believe that a defendant has committed a drug offense carrying a maximum term of 10 years or more or that the defendant has used a firearm to commit the felony, a rebuttable presumption arises that no condition or combination of conditions will assure the defendant's appearance and community safety. These provisions are set forth in section 3142e. The presumption is subject to rebuttal by the defendant. The presumption also applies to defendants who have been recently released from prison or who are on release pending trial at the time of the alleged offense. Various circuits have interpreted section 3142e in different ways. Therefore, it is important that you know the law in your circuit. There is one more thing you must do following your determination to detain or release a defendant and that is to prepare an order. If the defendant is detained and a complaint and the magistrate judge denies release on the grounds of the presumption, you must find probable cause. This as well as your reasons for the detention should be made clear in your order. The written order should be prepared and filed as both the government and the defendant have a right to appeal this matter to the district judge. Several sample order forms with their findings are included in your written materials. A defendant has a constitutional right to be tried in the district in which the alleged crime was committed. But what happens if the defendant is arrested outside of that district? Rule 40 of the Federal Rules of Criminal Procedure states that the defendant has the right to appear before a magistrate judge in the district where the defendant was arrested and accords procedural safeguards before the defendant can be removed to the district in which the prosecution is pending against him or her. You should be particularly aware of the specific provisions of Rule 40 and their application to removal proceedings. You should also note that the preliminary advice given to the defendant includes the advice given at all initial appearances pursuant to Rule 5 of the Federal Rules of Criminal Procedure. If the defendant is arrested pursuant to a complaint issued in the charging district, the defendant must be advised to settle to a preliminary examination in either the arresting or charging district. Furthermore, the magistrate judge is required to advise the defendant that he has the right pursuant to Federal Rule of Criminal Procedure 20 to plead guilty to the pending charges in the district of arrest if the United States attorneys in the arresting district and in the district of prosecution agree. If a preliminary examination is not necessary because an indictment has previously been returned or the defendant waves the preliminary hearing or if the defendant elects to have a preliminary examination in the district where the prosecution is pending, then the only issue left for you is whether the defendant is the person named in the charging document. As with all other pre-trial Federal Criminal Matters, the rules of evidence do not apply and hearsay may be used to prove the identity of the arrestee. Federal Rule of Criminal Procedure 40F further requires the magistrate judge to take into account all release and detention decisions previously made in another district involving the arrestee. You are not bound to follow that decision but must consider the reasons for the previous release or detention decision. If you decide to amend the release or detention decision or to alter the conditions of release then you must set forth in writing your reasons for changing the previous decision. This concludes our discussion of Part 2 of Criminal Litigation Before Magistrate Judges. Again, be certain to refer to your outline if you need additional information or references. The legal manual for United States Magistrates also contains checklist and legal discussions on many of the issues covered in this program and is a handy reference guide to the administrative office to all magistrate judges. We leave you with this reminder as you develop experience as magistrate judges many of these proceedings will become second nature to you. Never forget however that the vast majority of defendants who appear before you will be appearing in a federal court for the first time. The proceedings will not be second nature to them. You must therefore take the time in each case to make certain that the defendants' rights are fully protected, that the federal rules of criminal procedure are followed, and that the case is resolved fairly and expeditiously. Good luck.