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More Frequently Asked Questions |
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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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(for clients of the Federal Defender Program, Inc. and their friends and family members) Remember that the answers below are very general. It is important to discuss your case specifics with your attorney. |
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19. I am fighting state gun charges. Will my case “go federal?” |
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The sentence for a federal gun case can often exceed by three times a state sentence for the same conduct. Pleading out to the charges in state court does not prevent the United States Attorney’s office from taking your case. If you are a defendant in a state gun case, you should discuss the possibility of “federalization” of your case with your attorney. If you receive a visit from an ATF agent, this is a pretty good indication that the federal government is considering bringing your case to federal court. Be aware that you are not required to discuss your case with an ATF agent or anyone else other than your attorney. Consult with your attorney before discussing your case with anyone. County public defenders or retained counsel are encouraged to advise clients about the dangers of this happening. There are duty attorneys available on a daily basis at the Federal Defender Program to consult with. |
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20. I am a foreign national serving a federal criminal sentence within the Bureau of Prisons. How can I get transferred to my home country to be closer to my family members as I complete my sentence? |
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If you are a foreign national imprisoned by the federal government on a non-immigration crime, you may be eligible for a “Treaty Transfer” at some point during your sentence if your home country is one of the participating countries. There is a webpage within the Department of Justice which lays out the details on this program. You should visit the website to determine whether your country is participating country and to determine what procedures must be met for consideration. |
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21. I have a federal case pending against me, but I was originally arrested by a county jurisdiction. Then, the federal government issued a writ to have me brought over to federal court for prosecution. From what point will my custody begin to count against my federal sentence? |
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The answer to this question can be quite complex, but it important to understand the concerns that might drive the answer to this question in order to navigate the situation successfully. Generally speaking, a federal sentence counts from the time you are officially in primary federal custody. In other words, when you are merely “borrowed” from another jurisdiction, you are usually not considered to be in federal custody for sentence counting purposes. If you enter a plea in state or superior court and receive a sentence, usually the federal sentence will not begin to count until after the state sentence is complete. It is important to discuss these types of complex custody situations with your attorney in order to determine whether there is any way to avoid consecutive sentences. If you are a state practitioner, we welcome questions about this and other issues. Call our office and ask to speak with the duty or backup duty attorney. |
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22. I have been on supervised release or probation for over one year. Can I move the Court for early termination of supervision? |
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Yes. The law provides that probationers and person serving terms of supervised release may move to terminate supervision after successful completion of one year. (Pretrial supervision usually does not count against this time period.) As a practical matter, a judge is unlikely to terminate supervision if there is unpaid restitution, incomplete community service or an unpaid fine in your case. Also, the judge will ask your probation officer for input as to your level of compliance during supervision. Therefore, if you have a good record of compliance and if you have completed financial and community services conditions of supervision, you may be a candidate for early termination. You are welcome to contact our office to inquire about this. It would also be a good idea to discuss this possibility with your probation officer to get a feel for the officer’s position. |
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23. What is good time and how much credit do you get for it? |
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Federal parole has been abolished. However, the Bureau of Prisons can credit up to 54 days per year against a sentence. Be aware that the way that the Bureau of Prisons calculates good time is not what you might expect. Also, a person will generally receive less good time if they have not achieved a high school diploma or equivalency. We are frequently asked whether Congress is working on increasing good time. We are not currently aware of any chance in the good time policy from Congress or any other place. Congress enacted a law called the Second Chance Act which does not affect good time, but which does permit the Bureau of Prisons to work on early transfers to halfway house placement for certain inmates. However, it is our understanding that there has so far been only a very limited implementation of this by the Bureau of Prisons. |
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The calculation of security classification by the Bureau of Prisons is a complex process. There is no simple answer to this question. However, a link is provided here to the Bureau of Prisons Inmate Security Designation and Classification Program Statement P5100.08 for your information. |
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24. If I am sentenced to serve prison time, what would be my security level? |
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25. Where do federal prisoners do their time? |
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The federal Bureau of Prisons has facilities all over the United States. Federal inmates are sent to a facility that matches their security classification with an effort to locate the inmate as close as feasible to family members. A judge’s recommendation can help encourage a certain placement, but the recommendation does not guarantee that the Bureau of Prisons will place an inmate in any particular facility. |
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26. I am in custody. Where can I find the forms necessary to file my own federal habeas or civil rights action? |
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The United States District Court for the Northern District of Georgia provides forms for pro se litigants on their website. Check to see whether the forms you seek are posted on the court’s website: http://www.gand.uscourts.gov/forms/PrisonerForms.php. |
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