FAQ CATEGORY - FEDERAL PRE-TRIAL & TRIAL PROCEDURES - FEDERAL PRE-TRIAL ISSUES
Federal agents want to talk to me. What should I do?

If you think you might be the subject of a federal investigation, you should contact a criminal defense attorney before speaking with law enforcement agents or their representatives.  You have a constitutional right to an attorney’s advice and counsel in any conversation with law enforcement agents.  Your attorney should arrange all meetings or telephone contact with them.  Even if you do not have an attorney, remind law enforcement representatives that you wish to have an attorney present. 

If you cannot afford an attorney, you should contact the Federal Public Defender’s Office at (213) 894-2854.  A Deputy Federal Public Defender (DFPD) will have you complete a financial affidavit to determine your inability to pay for an attorney.  This affidavit will accompany your request asking the court to provide you an attorney at the court’s cost. 

If you believe you are only a witness in a federal investigation, you can speak to law enforcement representatives without an attorney if you want.  However, you still have the option and a right to refuse to speak with law enforcement after you have properly identified yourself to them.

I was served with a subpoena to testify before a grand jury. What do I do?

It is important to determine whether you are the subject of the grand jury investigation or just a witness providing evidence.  The “subject” or “target” is anybody who the government might charge with a crime as a result of the grand jury proceedings.  Check the subpoena or your letter from the U. S. Attorney to see whether that office considers you a “subject” or “target” of the investigation.  If you are the “subject” or “target” and even if you are uncertain but suspect you might be the “subject” or “target” of the grand jury investigation, you should contact a criminal defense attorney immediately. 

You should not negotiate with the U. S. Attorneys by yourself.  Have your defense attorney call the U. S. Attorney’s Office to identify the government’s interest in you.  A criminal defense attorney can protect important rights for you, including your right against self incrimination, and may be able to successfully negotiate immunity in exchange for your testimony.

If you cannot afford an attorney, you should contact the Federal Public Defender’s Office at (213) 894-2854.  A Deputy Federal Public Defender (DFPD) will have you complete a financial affidavit to determine your inability to pay for an attorney.  This affidavit will accompany your request asking the court to provide you an attorney at the court’s cost.

I received a Summons to Appear ordering me to appear at the U.S. District Courthouse. What should I do?

The summons is your notice that a criminal case has been filed against you in federal court.  You must respond to the summons and appear in court on the date and time designated. As soon as you receive the summons, you should retain an attorney to represent you.  If you cannot afford an attorney, you should contact the Federal Public Defender’s Office at (213) 894-2854.  A Deputy Federal Public Defender (DFPD) will have you complete a financial affidavit to determine your inability to pay for an attorney.  This affidavit will accompany your request asking the court to provide you an attorney at the court’s cost.

If there is any chance that you might be imprisoned or put on probation, the court will make sure that you have an attorney before conducting any proceedings relating to your criminal case.  But even before proceedings begin, an attorney can assist in protecting your rights and gathering information about your case.  An attorney can also refer you to Pre-Trial Services which recommends bond and the conditions of your continued release pending final resolution of your case.

I received a letter from the U.S. Attorney’s Office telling me that I am the target of a federal criminal investigation. What should I do?

You should contact a criminal defense attorney immediately.  The “subject” or “target” of a grand jury investigation is any person who might be charged with a crime as a result of the grand jury proceedings. You should not contact the U. S. Attorney’s Office by yourself, but instead have your attorney call them to determine the government’s interest in you.  A criminal defense attorney can protect important rights for you, including your right against self incrimination, and may be able to successfully negotiate immunity in exchange for your testimony.

If you cannot afford an attorney, you should contact the Federal Public Defender’s Office at (213) 894-2854.  A Deputy Federal Public Defender (DFPD) will have you complete a financial affidavit to determine your inability to pay for an attorney.  This affidavit will accompany your request asking the court to provide you an attorney at the court’s cost.

Will I have to pay for representation by a Deputy Federal Public Defender?

If you are seeking the assistance of a Deputy Federal Public Defender at the court’s expense, you must first complete a financial affidavit of your income and expenses to submit under penalty of perjury to a United States Magistrate Judge.   The magistrate judge will determine whether you have sufficient assets to hire your own counsel. If the judge determines you cannot afford the fees that a private attorney would charge in a case like yours, the judge will appoint an attorney to represent you.

Most of the time, court-appointed attorneys are provided to you at no cost. Sometimes the court will determine that your financial means justify some charge to you for a portion of the costs of your court-appointed attorney’s services. That is a matter between you and the judge. The Federal Public Defender does not receive your payments and has no stake in the judge’s determination. All such payments go to the court alone.

If the judge determines you do have sufficient funds, the judge may continue your case for a reasonable time for you to find and retain your own attorney