Tuesday, October 28, 9:00 a.m.–3:15 p.m. ET
MCLE Credit: | 5.0 (Ethics: 1.5) |
Live-Interactive Credit: | 5.0 (all formats) |
Designation Credit: | 5.0 Trial Practice/Litigation, 1.5 Ethics |
Register early to attend in-person, live on site, as space is limited.
Mental health is one of the most challenging issues in criminal law practice whether you are a judge, prosecutor, or defense attorney. It is important for each attorney to understand the complex, and sometimes sensitive, intricacies of behavioral health issues and related laws when dealing with clients and even victims. As laws catch up to clinical science, it is the practitioner’s responsibility to understand the science and stay current with legal developments. This seminar is designed to keep defense attorneys, prosecutors, and judges up to date on behavioral health issues and concerns in criminal cases.
In recent years, the Virginia Code has changed to provide the legal practitioner with multiple tools in crafting a mental health defense: insanity, deferred finding, mental state without insanity. For the first time since 1980, statutory changes allow, and in some cases require, Virginia judges to consider mental health issues that do not rise to the level of an insanity finding in determining both guilt and the appropriate sentence.
This seminar will provide a practical guide for the lawyer attempting to figure out how best to defend a mentally ill client from a competency determination through a trial strategy using the new code provisions. Sessions include:
Registration Deadlines:
Webcast: | 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials. |
Telephone: | Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar |
Live on Site: | Online registration ends at 11:59 p.m. the day preceding the seminar Walk-in registration is permitted on a space-available basis |
Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $90 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE®.
Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.
Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.
Inclement Weather Policy and Updates.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.
Can’t Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.
9:00 | Opening Remarks |
9:05 | Behavioral/Mental Health Legal Update This session will update criminal law practitioners on the most recent and important legal developments in behavioral health as it relates to criminal law practice. |
10:05 | Break |
10:15 | Ethics of Representing and Prosecuting Defendants with Behavioral Health Issues Bradley Marshall, Annette Miller, Elliott H. DeJarnette V This session will cover one hour of ethics as it relates to the intersection of criminal and mental health law. Topics include, but are not limited to, insanity, deferred findings for persons with an autism spectrum disorder or intellectual disability, and specific intent. Learn when and how to apply each through both a fact- and an ethics-based analysis. Rules of Professional Conduct 1.1 (Competence), 1.2 (Scope of Representation), 1.6 (Confidentiality of Information), and 1.14 (Client with Impairment) form the foundation for any fact-based analysis and determination of a mental health defense strategy. |
11:45 | Lunch (provided on site) |
12:30 | Behavioral Health: A Practice Primer D. Bradley Marshall, Annette Miller, Kristen Durbin, Jeremy Schreiber This session will cover how to handle a case involving complex behavioral health issues from the moment a defense attorney first meets with his client to ultimate case resolution. Topics will include competency, restoration, selection of trial strategy, and the roles of defense attorney, prosecutor, and judge throughout the process. |
1:30 | Break |
1:45 | Behavioral Health Roundtable/Behavioral Health Docket Session Moderators: D. Bradley Marshall, Annette Miller Panelists: Hon. Judge William Jarvis, Hon. William Glover This session will cover how repetitive incarceration and hospitalization can be avoided for the mentally ill defendant who repeatedly cycles through the system, and what alternatives are available for the defense practitioner, prosecutor, and judge. The panelists will discuss what roles exist for state hospitals, community corrections, adult probation and parole, and sentencing mitigation specialists, what resources exist in the community, and how to select the appropriate outcome-based services for your client when one size does not fit every defendant or fact pattern. |
3:15 | Adjourn |
Hon. William E. Glover, 15th Judicial District, Circuit Court / Spotsylvania
Hon. William E. Jarvis, Prince William General District Court / Manassas
Elliott H. DeJarnette V, Commonwealth Attorney’s Office / Henrico
Kristen Durbin, LCSW, Forensic Services Program / Prince William County
Bradley Marshall, Vanderpool, Frostick & Nishanian, PC / Manassas
Annette Miller, Virginia Beach Public Defender’s Office / Virginia Beach
Jeremy M. Schreiber, Ph.D., Central State Hospital / Petersburg
Bradley Marshall, Vanderpool, Frostick & Nishanian, PC / Manassas
Annette Miller, Virginia Beach Public Defender’s Office / Virginia Beach