Answer: Should you receive a target letter or are contacted by law enforcement you may wish to contact our office for information on the process of securing counsel.

Answer: The Sixth Amendment to the United States Constitution guarantees an accused the right to representation by counsel in serious criminal prosecutions. The decision of whether to appoint a lawyer for an individual in receipt of a subpoena or facing criminal charges in federal court is normally deturmined by a United States Magistrate Judge or District Court Judge. Attorneys in the Federal Defender Office cannot provide legal advice to anyone unless the court has formally appointted our office as legal counsel. Legal advice and representation must be limited to those matters related to the criminal issue(s) for which the office has been appointed. For more information the appointment of counsel process, please visit this site.

Answer: The Fifth Amendment to the United States Constitution guarantees the right against self incrimination. If you think that you may be the subject of an investigation, it would be prudent to first contact an attorney before speaking to law enforcement. If it is appropriate, after being appointed by the court, the attorney can arrange an interview with law enforcement. An attorney should be present for all interviews and conversations with federal agents.

Answer: There are two types of grand jury witnesses – “targets” and “witnesses.” A target is an individual who is a potential defendant due to the amount of evidence the government has linking the person to the commission of a crime. A general witness provides evidence to the grand jury. Sometimes the letter from the United States Attorney’s office will state that the witness is a target. On other occasions, the witness simply suspects that s/he is a target of a grand jury investigation or believes that s/he faces criminal exposure. In either situation, the witness should immediately retain an attorney or contact our office to seek appointment of counsel. A private defense counsel or federal community defender will be able to review the facts of the case, contact the prosecutor to determine the government’s interest, and negotiate for immunity of a grand jury witness or, if appropriate, instruct him or her to assert the Fifth Amendment privilege and decline to answer questions.

Answer: “Discovery” is the evidence relating to the charges. Discovery can be as basic as five pages, consisting of a rap sheet and police report; or, it can be as complex as hundreds of thousands of pages of documents in a fraud case. Discovery may include photos of the crime scene, an informant’s name and back ground, or forensic evidence such as fingerprint or DNA analysis. Discovery is typically provided to defence councel after the araingment. When a federal defender is appointed to represent a defendant, one of his or her first tasks is to request discovery from the government.

Answer: Under the Speedy Trial Act, 18 U.S.C. § 3161 et seq, a case is supposed to proceed to trial within 70 days of arraignment on an indictment or information. Most felony cases, however, take much longer than 70 days. Delays often arise from the need to review discovery, interview witnesses, prepare and argue motions, negotiate plea agreements, and prepare for trial. The federal community defender will discuss the timing of the case with the client, and will explain why any delays or continuances may be necessary.

Answer: Please visit the Bureau of Prisons website for up to date contact information and visiting policies.