This office provides legal representation for individuals with federal criminal cases who are financially unable to retain private counsel. You may need a federal public defender if you have received a letter indicating that you are being investigated for a federal offense, if you were contacted by a federal law enforcement agency (including but not limited to the FBI, DEA, ATF, US Attorney’s Office, Department of Justice, Department of Homeland Security, IRS, ICE, INS), or if you were subpoenaed to appear in US District Court. (See below).
Always remember that you have the right to speak to an attorney prior to questioning and to have an attorney with you during questioning. If you are contacted by a federal law enforcement agency, tell them that you are requesting an attorney and contact one of our offices. The office also provides representation for individuals convicted of state offense who are appealing their convictions through federal habeas corpus litigation. These cases are appointed to the office upon motion for counsel that has been granted by the court requesting our legal services.
If you are charged with a federal criminal offense, you will be considered for appointed counsel at the time of your initial appearance. If you cannot afford an attorney, the federal magistrate judge will appoint an attorney for you. 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.
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 effectively.
No, a state public defender defends indigent defendants in cases brought by the State of Florida. Your federal public defender will only defend you in your federal case, and an appeal in federal court if necessary.
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 or employees in our officeare completely protected from being revealed in a Government investigation. For the most part, statements made to anyone other than your attorney or our employees are fair game in a Government investigation, meaning that Government agents can question anyone other than your attorney or our employees about statements you make to them. Government attorneys can subpoena anyone other than your attorney or our employees about your statements.
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 information, or forensic evidence such as fingerprints, phone records, 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.
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.
The Federal Bureau of Prisons determines where a defendant is going to serve his or her time. There are many factors that go into this "designation," including a defendant's prior criminal history, the facts of the present case, his or her immigration status, and family ties to a particular community. The attorney appointed to the case can give a more detailed description of the factors that will go into a particular defendant's designation.
In general, the more family support a defendant has, the better it is for a defendant and the case. In most cases, we encourage as many family members to come to court appearances as is possible. There are some situations, however, where a large family showing may not help. For example, many people in the courtroom may complicate matters when a confidential informant is testifying in a pretrial evidentiary hearing. Also, some judges do not like children in the courtroom. The attorney appointed to the case can give more details about the best times for the family to come to court.
Please note that electronic devices of any kind, such as cell phones, pagers, ipods, tablets or computers are not allowed in the courthouse. If you arrive at the courthouse with any of these devices you will be asked to return them to your vehicle or secure them in a court locker.
There is no definite amount of time before clients are transported. The US Marshals transport the clients to their designated facility, however, due to security reasons we are not told when the transfer takes place.
You can search the Florida Department of Corrections (state) or Bureau of Prisons (federal) websites for your family member's location in the event that the defender is not available or our office is not open when you call.
Florida Department of Corrections: http://www.dc.state.fl.us/activeinmates/search.asp
Federal Bureau of Prisons: https://www.bop.gov/inmateloc/
Information regarding inmate funds can be found on the agencies’ websites.
Florida Department of Corrections: http://www.dc.state.fl.us/oth/inmates/funds.html
Federal Bureau of Prisons: https://www.bop.gov/inmates/communications.jsp#money
Gainesville
This office does not receive client property. Client property will be at the facility where the client is held or in the custody of the arresting agency. The procedure for obtaining the property varies by agency.
Panama City
This office does not receive client property. Client property will be at the facility where the client is held or in the custody of the arresting agency. The procedure for obtaining the property varies by agency.
Pensacola
Client property released to our office is kept in a secure location. Property can be released to a person of the client’s choosing. The recipient will be required to sign for the property upon receipt.
Tallahassee
Client property released to our office is kept in a secure location. Property can be released to a person of the client’s choosing. The recipient will be required to sign for the property upon receipt.