FEDERAL DEFENDER GENERAL CLIENT …

1 FEDERAL DEFENDERGENERAL CLIENT INFORMATIONWHO WE ARE: FEDERAL Defenders of San Diego,Inc. ("FDSDI) is an organization of criminal defenseattorneys. We represent people charged withfederal crimes in the Southern District of California,who cannot afford to pay an attorney. We are free. We can represent you only if the court appoints us,based on your financial situation. Once appointed,we work FOR YOU only, and not for the court. Our only job is to give you the best defensepossible. Our defense team includes investigators,paralegals, research specialists, interns, and legalsecretaries who may work with your attorney onyour case. If there are other defendants in your case, we canrepresent only one of you. We will ask the court toappoint you a free private attorney, known as a"panel attorney," if you qualify for appointedcounsel and we can't represent you.

2 We will alsoget you a panel attorney if we have a conflict withyour case (for example, if we previously representeda witness or co-defendant.)The attorney you meet the first day you come tocourt is responsible for all new arrests that day. Heor she will speak with you about what will happenthat day, and see if there is a way to get you out ofjail. (See the Handout called Detention Hearing formore information.) Later, a supervisor in our officewill assign the attorney who is best for your case. That attorney will then handle your case all the waythrough, including, in most cases, any appeals orproblems with supervised release after sentencing. CONTACTING US: We are located at 225 Broadway, Ste. 900, San Dieg, CA 92101. Ourphone number is (619)234-8467. We accept collectcalls. Spanish-speaking receptionists are usuallyavailable.

3 We are open from 8:00 to 6:00 You can leave a voice-mail message at other times. We cannot call you while you are in jail, but yourattorney will come visit you when possible. Because each attorney has a full case load, wecannot visit every day. If you are out of custody,you will meet with us in our office. Please keep allyour appointments. If you need to reschedule, callyour attorney or her or his secretary in : As a FEDERAL prisoner, you are in the custodyof the United States Marshals, who are responsiblefor you. They will probably keep you at one ofseveral jails in the San Diego area. Your attorney orher or his investigator or secretary will haveadditional information on your : Your case will be heard in the UnitedStates District Court. The courthouse is located at940 Front St. in downtown San Diego or 321 Av.

4 , Ste. 100 in El Centro. If you are outof custody, NEVER miss a court appearance orarrive late for court. If you have a problem with adate, talk to your attorney ahead of time. You cangive up your right to come to many court hearings,but you must file a written waiver with the court todo so. WHAT YOU NEED TO KNOW RIGHTAWAY: DO NOT DISCUSS YOUR CASE WITHANYONE EXCEPT YOUR ATTORNEY. Everythingyou say to your attorney is completely confidential. Do not discuss your case with any law enforcementofficers. If they try to talk to you, tell them that youwant your attorney there. DO NOT DISCUSS YOURCASE WITH OTHER INMATES, INCLUDING YOURCELLMATES, in any language. The jails are full ofsnitches. Anything you say could be used againstyou. Do not discuss the case with friends or family,in any language. Jail phone calls and social visitsmay be recorded.

5 Other people can be forced totestify about what you say to them. Your ownattorney, and people working for him or her, are theonly ones you should talk to about your case. DO NOT BELIEVE WHAT YOU HEAR FROM OTHERINMATES ABOUT WHAT MIGHT HAPPEN TO YOU. Most FEDERAL prisoners do not know about defendingfederal cases. Among FEDERAL prisoners, there aremany false rumors about sentencing deals and othermatters. Your attorney will have DEFENDERWHAT YOU NEED TO KNOW ABOUT HAVING A FEDERAL CASEWHAT IS A FEDERAL CASE? You arecharged with a FEDERAL crime. That means either (1)a crime that violates a law passed by Congress forthe whole country, or (2) a crime that happened onproperty owned by the United States government,like a military base. FEDERAL court is very differentfrom state court. Here are some of the maindifferences:BAIL.

6 As a FEDERAL prisoner, you will NOT havebail automatically set. There may be a detentionhearing, at which the judge will decide whether youare entitled to bail. If you are detained, you will getcredit for time served if you are later convicted,unless you are serving another sentence when youare detained on your FEDERAL charge. Please read theHandout called Detention Hearing to learn FEDERAL cases take a lot longer than statecases, especially if a case is complicated or hasmany defendants. Expect your case to take a longtime. Taking more time often helps your case. People in jail may talk about the Speedy Trial Act. Most of what you hear will be wrong. You cannot"waive time" in your FEDERAL case, but your attorneycan ask for extra time for preparation, investigation,motions, etc. Discuss this with your BARGAINS.

7 In FEDERAL court, judges arenot involved in plea negotiations. A plea bargain isa deal just between you and the prosecutor: youagree to plead guilty, and the prosecutor agrees todrop charges or recommend something you want atsentencing. If there is a deal, the judge will notapprove it ahead of time, and may not even knowabout it in advance. In most cases, the judge doesnot have to follow the deal. If the judge does notfollow the deal, you are usually NOT allowed towithdraw your plea. To learn more, please read theHandout called Plea Negotiations and Change FEDERAL sentences are verydifferent from state sentences, even for the sameconduct. Congress decides maximum andsometimes minimum sentences for FEDERAL crimes. These are completely different from state courtpenalties. Although FEDERAL judges can give thesentence they think is fair, they have to consider abook of complicated rules called the FederalSentencing Guidelines.

8 Your attorney will explainhow the Guidelines apply to your case. How you serve a sentence is also different in federalcustody. There is no parole. If you are sentencedto FEDERAL prison, you will serve at least 85% of yoursentence. There is no good time credit for sentencesof one year or OF A FEDERAL CASE: These are thestages that a FEDERAL criminal case may go through. Your lawyer can give you an informational Handouton each of the following topics:1. Initial appearance and arraignment2. Detention hearing3. Discovery and investigation4. Motions5. Plea negotiations and change of plea6. Trial7. Sentencing8. Violations of probation or supervised release9. Appeals and other post-conviction reliefFEDERAL DEFENDERINITIAL APPEARANCE AND ARRAIGNMENTINITIAL APPEARANCE: Soon after yourarrest, you will be brought before a magistratejudge.

9 The magistrate judge will make sure you arethe person named in the complaint or arrest warrant. He will tell you of the charges against you, andexplain your rights. The judge will appoint ouroffice or a panel attorney to represent you, if youqualify TO COUNSEL: You have the right tohave an attorney represent you. If you can't affordto hire an attorney, the court will appoint a lawyerfrom the FEDERAL DEFENDER 's Office or anotherattorney to represent you. In order to qualify forappointed counsel, you must complete a financialaffidavit. BE HONEST AND COMPLETEWHEN YOU FILL OUT THE FINANCIALAFFIDAVIT. You will be signing "under penaltyof perjury," which means it is a crime to lie. Anattorney from FEDERAL DEFENDER will be available tohelp you with the paperwork. PRETRIAL SERVICES: Unless you are chargedwith illegally entering the United States, a PretrialServices Officer will ask to interview you beforeyour initial appearance.

10 This person works for thecourt, and wants to get information about you so heor she can make a recommendation about whetheryou should be held in jail or released until your trial. YOU SHOULD ASK TO SPEAK TO ALAWYER BEFORE YOU TALK TO THEPRETRIAL SERVICES OFFICER. If you talkto a Pretrial Services Officer before you see alawyer, do not discuss the charges against you orany other illegal activity -- what you say will beused against you. Both the judge and the prosecutorwill see the Pretrial Services OR RELEASE: See Handout onDetention Hearings. After a hearing, themagistrate judge will decide whether to keep you injail until your trial, or let you post bail, or releaseyou on other conditions. Sometimes this decision ismade at the initial appearance, but sometimes thelawyer asks that a separate detention hearing be helda few days later.