Appointment of Counsel A person facing criminal charges in federal court is entitled to the assistance of an attorney. If a person cannot afford to hire an attorney, then the court can appoint a lawyer for that person. Under some circumstances, the court can order the person to contribute to the cost of the attorney, or to repay the cost of legal services after the case is over. Attorneys in the Office of the Federal Public Defender cannot provide legal representation to anyone unless the court has approved the appointment of counsel. Legal advice and representation is limited to those matters related to the criminal charge for which an attorney was appointed.
Attorney-Client Privilege & Release of Information to Family/Friends The Federal Public Defender's office is bound by the attorney-client privilege. This privilege keeps communications between a client and his or her attorney confidential. Normally, the attorney will not share privileged information with others outside the office. The policy underlying this privilege is to encourage open and honest communication between clients and attorneys. You should not talk to anyone about your case without first discussing the matter with your attorney. You may discuss anything concerning your case with your attorney because these matters are recognized as confidential. This confidential privilege extends only to discussions between you and your attorney and your attorney's staff. Anything you tell your family, friends, and others (such as cellmates), is NOT confidential and the court can compel those people to testify about what you said. Under the attorney-client privilege, our office is not allowed to discuss particulars of any client's case with his/her family or friends unless the client directs the attorney to do so. If a family member or friend needs court dates, court times, or assigned courtrooms, we may provide that information if authorized by the client.
Clients Released on Bond It is important that you keep your attorney informed about how to reach you. If you change your address or telephone number, let us know immediately. You must also tell Pretrial Services of any change in address or contact information. You must never miss a court appearance or arrive late to court. If you have a problem, tell your attorney right away.
Detained Clients If you are detained before trial, you will be held in custody of the U.S. Marshals Service. While your case is pending, you will probably be held at one of the several regional jails operating in this district. (See Local Jails/Prisons list.)
Local Jails/Prisons: Adams County Adult Correctional Complex 45 Major Bell Lane Gettysburg, PA 17325 (717) 334-7671 Clinton County Correctional Facility 58 Pine Mtn. Road P.O. Box 419 McElhattan, PA 17748 (570) 769-7680 Columbia County Prison 721 Iron Street Bloomsburg, PA 17815 570) 784-4815 Cumberland County Prison 1101 Claremont Road Carlisle, PA 17015 (717) 245-8787 Dauphin County Prison 501 Mall Road Harrisburg, PA 17111 (717) 780-6800 Franklin County Jail 1804 Opportunity Avenue Chambersburg, PA 17201-3091 (717) 264-9513 Lackawanna County Prison 1371 North Washington Avenue Scranton, PA 18509 (570) 963-6639 Lebanon County Correctional Facility 730 East Walnut Street Lebanon, PA 17042 (717) 274-5451 Luzerne County Correctional Facility 99 Water Street Wilkes-Barrre, PA 18702 (570) 829-7750 Lycoming County Prison 277 West Third Street Williamsport, PA 17701 (570) 326-4623 Monroe County Correctional Facility 4250 Manor Drive Stroudsburg, PA 18360 (570) 992-3232 Perry County Prison 300 South Carlisle Street POB 520 New Bloomfield, PA 17068 (717) 582-2262 Pike County Correctional Facility 175 Pike County Blvd. Lords Valley, PA 18428 (570) 775-5500 York County Prison 3400 Concord Road York, PA 17402 (717) 840-7580
How much time am I going to get? That is a complex question that depends on whether a defendant is convicted, the type of offense, prior criminal history, and a defendant's unique characteristics. Sentencing in federal court is controlled by the Sentencing Reform Act of 1984. Under 18 USC § 3553(a), there are many factors that go into sentencing in federal court, including the nature of the offense, the characteristics of the offender, the need to pay restitution, and access to medical and other treatment. One factor that the court must consider is the Federal Sentencing Guidelines. Calculation of the guidelines can provide one rough estimate of a defendant’s sentence before a plea or trial. The defendant’s attorney will be able to give more details about the defendant’s potential sentence.
I don’t like my court appointed attorney. How do I get a new one? A defendant has the constitutional right to represent him or herself, to hire the attorney of his/her choice, or to have counsel appointed. There is, however, no right to appointed counsel of one’s choice. If a client is unhappy with his/her court appointed attorney, the first and obvious step is to discuss this problem with the attorney. If the defendant and the attorney cannot resolve their differences, the defendant can make a motion in court to seek new counsel. Note, however, that new counsel will only be appointed when there has been a complete breakdown in communications, and when the attorney can no longer effectively represent the defendant. A judge will not appoint new counsel because the defendant is frustrated by the facts of the case, by law that limits any possible defenses or motions, or by a high sentencing exposure.
If I'm convicted, where am I going to serve my time? The Federal Bureau of Prisons determines where a defendant is going to serve his or her time. There are many, 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. Court appointed counsel can give a more detailed description of the factors that will go into a particular defendant's designation.
Links: U.S. District Court for the Middle District of Pennsylvania Provides court information and location; case information; and pro se forms Federal Bureau of Prisons Provides information related to recently sentenced inmates; how to locate a federal inmate; and visitation policies.