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Frequently Asked Questions |
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There is no fixed bail schedule in federal court. Under the Bail Reform Act, 18 U.S.C. § 3141 et seq, the magistrate judge releases a defendant on conditions sufficient to ensure a defendant’s continued appearance. Therefore, release conditions, including bail, can vary dramatically depending on the seriousness of the charges, the defendant’s history, and the defendant’s financial circumstances. The attorney assigned to your case can give a better feel for the conditions of release that might be required. |
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2. Do federal defender attorneys work for the court? Is my attorney going to work hard to defend me? |
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Federal Defender Program, Inc. |
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Northern District of Georgia Stephanie Kearns, Executive Director
100 Peachtree Street, Suite 1700, Atlanta, Georgia 30303 404-688-7530, 404-688-0768 (fax) |
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1. How can I qualify for appointed counsel (a free lawyer)? |
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If you are charged with a federal criminal offense, or if you have received a letter stating that you are the target of a Grand Jury investigation, you can apply to a federal magistrate judge for appointment of counsel. You will need to fill out a financial affidavit which can be found at http://www.uscourts.gov/forms/CJA/CJA23.pdf. If you do not believe you will be able to afford an attorney, contact this office. |
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11. When do I go to court? |
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Federal court time tables differ from case to case. Initial appearances are held as soon as possible after arrest by the federal authorities keeping in mind that court is not held on weekends or federal holidays. A bond hearing will typically be held either at the initial appearance or between three and five business days following the initial appearance. If you are arrested on a criminal complaint, the Government must obtain an indictment in felony cases within thirty days of the initial appearance. Arraignment is usually held shortly after the indictment is returned. Other time lines depend on the case. Following is a link with a general overview about federal criminal case timelines in our district. Click here to see the Federal Criminal Case Timeline. You should ask your attorney for more specific information pertaining to your case.
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12. What are my rights and how do I invoke them? |
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Every citizen has the right to remain silent when questioned by authorities. If you would rather not speak to a law enforcement officer or if you want to obtain a lawyer before speaking, you should tell the officer so. If you have a lawyer who is not there, you will have to tell the person questioning you that you want to invoke your right to remain silent. Ask the person questioning you to stop and tell him or her that you do not want to speak without a lawyer if you want to have a lawyer present. If you have a lawyer, you can tell the agents to contact your lawyer. |
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8. What if my family member or friend is not released on bond? |
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If your friend or family member is not released on bond, he or she will be held in the custody of the United States Marshal until the issues in the case have been completely decided by the Court. There are several pretrial facilities that are utilized at this time by the United States Marshal. There is a list of those facilities including addresses and phone numbers under the tab for “Pretrial Detention.” Each of those facilities has its own policies and procedures relating to visitation and placing funds on inmate accounts. You may also be able to send your friend or family member books or magazines to help them to cope with being held in custody. Generally speaking books and magazines are only accepted if they are sent directly from the publisher or book store. Hard cover volumes are not accepted. Before ordering any reading materials, check with the detention center to make sure you know their policies and to make sure you know the right way to address the materials to ensure receipt by your friend or family member.
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9. What can friends and family members do to help a person charged in a federal criminal case? |
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If you have a friend or family member who is charged as a defendant in a federal criminal case, it is important to understand that it is a very difficult experience to go through. However, you should also be aware that the support of family, friends and other community members can be of critical importance in the case. There are various ways that you can help to support a friend or family member during the stages of the case. All Stages of the Case: Almost all hearings in federal court are open to the public. Therefore, you are always welcome to attend hearings to support the your friend or family member. Your support is appreciated. Bond Hearings: Judges at bond hearings are trying to determine whether the defendant can be trusted to make all court appearances and abide by conditions if released on bond. Information from friends and family members about the defendant’s background and character can be very helpful and persuasive at bond hearings. Also, it is helpful to know if there are any resources for bond available. Such resources can include property (real estate, etc.) which can be posted as security directly with the court or money which can be pooled to obtain security from a bonding company or commercial surety. Even if you do not have property, you can offer your signature as security for the person’s appearance if you know and trust the defendant to the extent that you feel comfortable offering your signature as evidence of your assurance that the person will show up for court and abide by conditions set by the court. Anytime you offer property as security for a bond, you must be aware that if the person fails to abide by conditions or appear for court, the Government can seek to forfeit your property. If you have provided a signature as security and the person fails to appear or abide by conditions, the Government could seek a judgment against you for the amount of the bond. That is why it is so powerful to offer property or signature as security. Offering security or either kind can help to increase the chances the judge will decide to release your friend or family member on bond. Evidentiary Hearings and Trials: Many times friends and family members have or have access to critical information which can be helpful to a defendant trying to mount a defense in a federal criminal case. If you are available to help support a person charged with a federal criminal case, by all means make yourself known to the defense lawyer and ask if there is anything you can do to help. Explain to the defense lawyer what information you have about what happened in the case. Sometimes a friend or family member can be the most important ally in locating witnesses or other evidence. However, it is important that you do not take it upon yourself to conduct your own investigation. The Federal Defender Program is very fortunate to have a staff of outstanding investigators who work alongside the attorneys to follow leads and look for information which will be helpful in defending the case. Please provide the information you have about the case to our staff investigators and coordinate with them. Sentencing Hearings: A sentencing hearing is a critical time to show any community support that there is for a friend or family member in a criminal case, especially since the law requires that the court consider the background and characteristics of a defendant before imposing sentence. Family members may be asked to speak at sentencing or provide letters to the judge for sentencing. Letters should be prepared prior to sentencing and provided to the defense attorney. |
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10. Why is it a bad idea to discuss the facts of the case with my friend or family member over the telephone when he or she calls from the detention center? |
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The Federal Defender Program advises all of its clients to refrain from making statements about the facts of their case over the telephone to anyone from the jail. There are many solid reasons for this, so please help your friend or family member to follow this advice by not asking and by discouraging such talk if the topic comes up. The advice that anything a defendant says can and will be used against them is sound advice. Further, detention center telephones do not offer privacy and are often recorded or monitored. Statements made over the telephone can be misunderstood or taken out of context. It is better to not discuss the subject than to take the risk that the statements could be used against your friend or family member and possibly worsen the situation. We thank you in advance for your help on this important point. |
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4. Are my communications with my lawyer confidential? |
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The attorney-client privilege protects conversations between clients and their attorneys from being revealed to anyone outside the defense team. For this reason, only statements made to your attorney are completely protected from being revealed in a Government investigation. For the most part, statements made to anyone other than your attorney are fair game in a Government investigation, meaning that Government agents can question anyone other than your attorney about statements you make to them. Government attorneys can subpoena anyone other than your attorney about your statements. |
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6. How can friends and family members post a bond for me? |
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If the judge sets a property bond, friends and family members would need to bring the following documents to the clerk for the judge who set the bond: A. The deed to the property; B. A statement from the mortgage company indicating how much is currently owed on the property; C. An appraisal or tax assessment showing the value of the property. All persons listed on the deed must be available to sign a property bond. There is no money required to post a property bond in federal court. If the judge sets a surety bond, friends and family would need to meet with a corporate surety (or bonding company) which has been approved by the court to handle federal bonds. Once arrangements are made with the corporate surety, a person from the corporate surety or bonding company will go over to the courthouse and post the bond with the court. Once the bond is posted, the clerk will place the defendant’s name on the list to be brought over to the courthouse on the next business day for release. All bond releases in federal court are done at the courthouse, not the detention center. |
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Remember that the answers below are very general. It is important to discuss your case specifics with your attorney. |
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16. I am coming from another jail. Can you hold my property for me? |
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The Federal Defender Program cannot, unfortunately, hold property for its clients because it does not have secured storage. Clients should have property sent to family or friends. |
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17. I have received a notice to testify before the Grand Jury. What do I do? |
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The are two broad types of grand jury witnesses: “targets” and “witnesses.” A target is someone who the government may charge with a crime. A general witness just provides evidence to the grand jury. Sometimes the letter from the United States Attorney’s office will say that the witness is a target. Other times, the witness may just suspect that he or she is a target. In either of those situations, the witness should consider hiring an attorney or requesting appointment of counsel. If you are in this position, you are welcome to contact our office to learn more about this process. |
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13. Federal agents want to talk to me. What should I do? |
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Clients: If you are a client, please contact our office immediately if any law enforcements agents attempt to interview you. Our office requests to be present for any interviews of our clients with law enforcement. Witnesses: We do not discourage witnesses from speaking to federal law enforcement officers or agents. Everyone in the United States has a constitutional right to choose whether or not to make a statement to a law enforcement officer. (An exception is that in some circumstances, one can be required to identify themselves to a law enforcement officer.) If you think you are the subject of an investigation, it would be prudent to first consult with an attorney before speaking to law enforcement officers about the investigation. You can also request to have an attorney present with you before you make any statements. If you cannot afford a lawyer, you are welcome to contact our office to learn about the process of applying appointment of counsel. |
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14. Federal agents want to search my house. What should I do? |
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If there is a warrant for the search, you must allow it. However, if agents are seeking your permission or consent, that means you have a choice. Clients: If you are a client, consult with your federal defender attorney before agreeing to any searches by law enforcement. Others: We do not discourage witnesses from cooperating with law enforcement officers or agents. Everyone in the United States has a constitutional right to choose whether or not they want to allow a law enforcement refuse to give consent to a search by law enforcement. If an agent has a warrant to search your home, you must allow them to do so. If you think you might be the target of the investigation or if you feel uncomfortable about allowing the search, it would be prudent to consult with an attorney before you make your decision on whether or not to give your permission for a search. It is up to you. |
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15. I’ve got a federal warrant on me. What should I do? |
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This sounds like an obvious answer, but a fugitive should immediately surrender to the closest federal marshal. In Atlanta, the U.S. Marshals Service is located on the 16th floor of the Richard B. Russell Building. If a fugitive is caught by the U.S. Marshal, it makes it much more difficult to get bond in the case. Moreover, being a fugitive can have a negative impact on the main case: it can result in bad jury instructions, can increase a defendant’s sentence, and can even result in new charges. If a defendant would like to surrender on a federal warrant, he or she can call our office and we can help to arrange an immediate surrender. |
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18. What is discovery? |
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“Discovery” is the evidence relating to the charges or to sentencing that is produced by the Government. “Discovery” can be five pages long, consisting of a rap sheet and a police report. It can also be hundreds of thousands of pages of documents in a complex fraud case. Discovery can include photographs of the scene, an informant’s name and background, or forensic evidence such as fingerprints or DNA analysis. When an attorney is appointed to represent a defendant, one of his or her first jobs is to ask for discovery from the Government. In rare cases, an attorney may opt to not request discovery so that the defense does not have to provide discovery to the government of the documents which will be important to the defense. Please be advised that the rules require the defense to provide discovery to the Government of any documents or evidence which the defense expects to use in its case at trial also. That means if there are important documents that will be necessary to your defense, discuss and provide them to your attorney, because the failure to provide this information to the Government prior to trial can result in the judge ruling that it cannot be used in your defense. |
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5. How much is bail? |
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Although federal defenders are appointed by the court, federal defenders (like all attorneys) are ethically bound to work hard to get the best possible resolution in each case. It is in your best interest to work with and trust your attorney so that you can fully communicate all facts relating to your case with your attorney. That is the only way to ensure that your attorney has all of the facts necessary to represent you zealously and effectively. Please let your attorney know if you have any concerns about this. |
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3. Can you recommend a private attorney for me? |
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If the magistrate judge has ruled that you have enough money to hire your own attorney, we can recommend two to three private attorneys who defend federal criminal cases. The Federal Defender does not charge and cannot accept any money for providing referrals. |
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Electronic monitoring or an ankle bracelet is a device used to track whether a released defendant is close to a specified location. Some bonds will include this condition. In order for the probation department to setup electronic monitoring, there must be a telephone land line installed at the residence with no features on it whatsoever. There is a cost associated with electronic monitoring. GPS monitoring is now required in certain cases. The specifics on GPS monitoring will be explained by the pretrial services officer if it is required. |
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7. What is electronic monitoring and GPS monitoring? |
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