Celesq® Attorneys Ed Center

The Courtroom is my Theater

Program Number: 3059

Program Date: 03/24/2020


Trial Lawyers Need to Understand the Doctrine of Constructive Amendment of an Indictment and How the Failure to Do so May Result in the Conviction of Violation of a Defendants Fifth Amendment Rights. The Fifth Amendment guarantees defendant the right to be tried for only those offenses presented in the indictment returned by a grand jury. One must be careful to recognize when the evidence presented at trial proves a crime different from any one charged in the indictment. Do the jury instructions broaden the scope of the indictment by permitting conviction for an uncharged offense? Jury instructions may cure an allegedly amended indictment by limiting the charges on which the defendant may be convicted. A variance occurs when the evidence at trial proves facts other than those alleged in the indictment. How does one distinguish an amendment from a variance? Fifth Amendment rights are at issue.

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50 minute credit hour, including 1.0 credit skills
60 minute credit hour - 1.0 General CLE credit, based on a 60 minute credit hour, including 1.0 credit skills

State Program Numbers


Jay Goldberg, Esq.

Law Offices of Jay Goldberg, P.C.

Goldberg began his career as an assistant district attorney in New York County right out of Harvard Law School working for district attorney Frank S. Hogan.

Jay Goldberg is a graduate of the Harvard Law School and was elected to Phi Beta Kappa, receiving his degree magna cum laude.

He was acting United States Attorney for the Northern District of Indiana, Special Attorney and Counselor to the United States Department of Justice, Washington D.C., an Assistant District Attorney, New York County and Special Assistant to James B. Donovan, an American hero, who effected the transfer of Russian spy Rudolph Abel for Francis Gary Powers (Bridge of Spies, with Tom Hanks)

He has been a past lecturer on trial advocacy at the Harvard Law School.

He is the author of four books: Preparation and Trial of Criminal Cases within the Second Circuit , (2009) (Amazon.com, 5 stars); Preparation and Trial of A Federal Criminal Case , (2010); Techniques in the Defense of a Federal Criminal Case , (2012); and, The Courtroom is My Theater , (2018). More information on this most recent release can be found here.
Former President of the Criminal Bar Association Richard Levitt called Goldberg "one of the foremost litigators of this or any generation."[2] On the night Goldberg was recognized with an award from the Criminal Bar Association, former Chief of the Criminal Division of the United States Attorney's Office S.D.N.Y. Frederick Hafetz said: "I consider you to have the best killer trial skills I have ever seen in my 47 years of practice, and I have worked with the best, courtroom presence, capturing the jury's attention through devastating cross and summations that have jurors on the edge of their seats.

In a review of Preparation and Trial of Criminal Cases Within the Second Circuit, New York Supreme Court Justice Arthur Lonschein wrote: "[Jay Goldberg] holds the distinction of being one of the most skilled, if not the most skilled trial lawyer in the United States."[4] Former President of the Criminal Bar Association Richard Levitt called Goldberg "one of the foremost litigators of this or any generation.

On September 22, 2011, he was honored by members of the United States Congress for his dedication and study of the principles of the United States Constitution.

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Alex Huot, Esq.

Law Offices of Bobbi C. Sternheim


Alex Huot practices criminal law in the Southern District of New York and Eastern District of New York, as well as in the New York State courts. He began his career working with Jay Goldberg and is a co-author of The Courtroom is My Theater. In September 2019, Alex represented one of the defendants that Daniel Hernandez aka Tekashi 6ix9ine testified against. He cross-examined Tekashi 6ix9ine and is likely the first attorney to have a witness define the word "trolling" on the record.


The Courtroom is My Theater - https://www.amazon.com/Courtroom-Theater-Representation-Industrialists-Entertainers/dp/1642930717