CONFIDENTIALITY

Do 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 to be confidential. Remember though that this confidential privilege extends only to discussions between you and your attorney and your attorney’s staff. Anything you tell your family, friends, or others, such as cellmates, is not confidential, and the court can compel those people to testify about what you have said whether they want to testify or not. This attorney - client privilege exists between you, your attorney, and your attorney’s staff only. For this reason, your attorney cannot discuss your case with your family or friends without your permission. This is an important decision, and you should discuss it with your attorney.

APPOINTMENT OF COUNSEL

The law provides that, under most circumstances, 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 the person. Under some circumstances, however, the court can order the person to contribute to the cost of the attorney, or to repay the cost of the legal services after the case is over. The decision whether to appoint a lawyer for someone who is facing criminal charges in federal court is normally made by a United States Magistrate Judge. Lawyers in the Federal Public Defender’s Office cannot give legal advice to anyone unless the court has approved the appointment of an attorney. Legal advice and representation must be limited to those matters related to the criminal charge for which an attorney was appointed.

CONTACT WITH LAW ENFORCEMENT

Always check with your attorney before talking to anyone about your case, particularly those in law enforcement. Law enforcement agents may express an interest in helping you. Keep in mind, however, that one of their duties is to solve crimes, and if they did not already think you were guilty, you would not be charged. Therefore, never speak with a law enforcement official unless your attorney is present or has given you prior approval to do so. This also applies to attempts by law enforcement to speak with you on matters that are unrelated to you or the charge on which you are held. Any statement you make to law enforcement, on any matter, can be used against you in ways that are not readily apparent. It is important, therefore, to have the advice of your attorney before you speak to law enforcement about any person or any subject. In short, there is one simple rule to follow: Never speak with law enforcement on any matter unless your attorney is present or has given you clear consent to do so. If contacted by law enforcement, demand to see your lawyer. Any attempt by law enforcement to speak with you without your attorney’s express consent should be reported to your lawyer immediately.

CONTACT WITH OTHERS

Sometimes law enforcement will use other inmates, friends, or family members to obtain information from you. Therefore, you should always avoid discussing your case with others. If anyone asks you for information about your case, simply tell the person that your lawyer has instructed you not to discuss the matter with anyone.

OUTLINE OF A CRIMINAL CASE

PRELIMINARY PROCEEDINGS

I. COMPLAINT

Unless you have already been indicted (formally charged) by a grand jury, the charge(s) brought against you are commenced by a sworn statement (called a complaint) presented to a U.S. Magistrate Judge. The complaint may be issued either before or after you have been arrested. If the magistrate determines there is probable cause to believe that an offense has been committed and that you committed it, and you have not already been arrested, a warrant for your arrest will be issued.

II. FIRST APPEARANCE

After arrest, the officer making the arrest is required to take you before the nearest available magistrate without unnecessary delay. The magistrate will inform you of the charges and your right to counsel or your right to request the appointment of an attorney if you qualify. The magistrate will also inform you of your rights concerning statements by you and your right to a preliminary hearing, if appropriate. You will not be required to plead guilty or not guilty at this point, nor will you be required to answer questions about the charges against you.

III. DETENTION HEARING

You will be entitled to a detention hearing (bail hearing), generally held within 3 business days of your initial appearance. Either the prosecution or defense may request an extension under certain circumstances. At this hearing the magistrate will determine whether, from the facts of your individual case, you will be released prior to trial. If you are released, you may be required to provide urine samples, surrender your passport, and comply with restrictions on your travel or residence, in addition to any other conditions the court may decide are appropriate in your case. If you have been charged with a drug trafficking crime or certain other serious crimes, the Bail Reform Act imposes a “presumption of detention,” which means that you and your attorney have the burden of convincing the judge to release you pending trial. Many federal criminal defendants are detained while awaiting trial because of this presumption. You should discuss this matter with your attorney to determine how best to proceed at the detention hearing under the specific circumstances of your case.

IV. PRE-TRIAL RELEASE AND DETENTION

(A) After your arrest, the U.S. Probation Office will interview you to prepare a “report” to the court. This report will be used to determine whether you will be eligible for release pending trial. If so, the probation office will supervise the conditions of your pretrial release. You should be aware that anything you say during these interviews may be used against you later in determining a sentence if you are convicted. A copy of the report, including your responses, will be provided to the prosecutor, as well as to the court. As a result, you are entitled to speak with an attorney before being interviewed. You should fully discuss the risks involved in this process before proceeding and, like most items, get the benefit of legal advice before making decisions.

(B) If the magistrate orders pre-trial detention, you will normally be housed at a county jail or a State of Iowa facility pending trial. Technically, however, you will remain in the custody of the U.S. Marshal.

V. QUALIFYING FOR APPOINTMENT OF AN ATTORNEY

If you cannot afford to hire an attorney prior to your initial appearance, a representative from the Federal Public Defender’s Office will provide you with a financial affidavit to complete. The magistrate will then decide if you qualify for the services of the Federal Public Defender’s Office or other court appointed counsel. If you qualify for appointment of an attorney, but it is determined that an attorney from the Federal Public Defender’s Office cannot represent you due to a conflict of interest, the magistrate will appoint an attorney in private practice, who has been determined to be qualified to represent you in these matters. As with the Federal Public Defender’s Office, the court appointed attorney’s fees will be paid by the federal government, but your attorney’s loyalty is to you alone.

VI. PRELIMINARY HEARING

You are entitled to a preliminary hearing within 10 days of your initial appearance if you are in custody, or not later than 20 days if you are not in custody, unless you agree to an extension, waive the hearing, or are indicted by a grand jury. The magistrate may also find that extraordinary circumstances exist, and that delay is necessary in the interest of justice. The prosecutor is required to present evidence at a preliminary hearing to convince a judge that there is enough evidence against you (“probable cause”) to justify proceeding on the charges. The preliminary hearing may be the first opportunity that you and your attorney will have to learn something about the facts of your case. You will not be required to testify at the preliminary hearing, nor will you be required to plead guilty or not guilty. If a hearing is held and the magistrate determines that probable cause has been established, the government will be allowed to proceed with your case. Whether a preliminary hearing would be useful in your case is a matter your attorney will discuss with you. Keep in mind that any statements you make throughout this complete process may be used against you and you are advised to obtain an attorney as soon as possible to fully advise you concerning the decisions you must make.

FILING OF YOUR CASE

I. INDICTMENT

At some point in the process, either before your arrest or within a few weeks of arrest, the prosecutor will present your case to a grand jury. The grand jury is a group of 16 to 20 people chosen randomly from this district. Neither you nor your attorney will normally be present. If the grand jury, after hearing the prosecutor’s presentation, decides that there is enough evidence against you to justify charging you with a crime, then the grand jury will issue a formal charging document, called an indictment, specifying the exact charges against you. If you are indicted, you will no longer have the right to a preliminary hearing. In some cases, it is appropriate to waive your right to indictment and permit the government to file an information against you. An information is also a formal charging document, and it has the same effect as an indictment. The filing of an information simply bypasses the grand jury process. If waiver of indictment is an option in your case, your attorney will discuss it with you further.

II. ARRAIGNMENT

After the grand jury has issued an indictment, you will be scheduled for an arraignment before a U.S. Magistrate Judge. At the arraignment, your charge(s) are read to you. At that time, you will be required to enter a plea of guilty or not guilty to the charges against you. If the case is a felony charge and your arraignment is before a U.S. Magistrate Judge, you will normally be required to enter a plea of not guilty at this time, even if you have already entered into a plea agreement. No further evidence will be taken at this time. The judge will also set dates for motions to be filed and for evidence to be disclosed, and if you decide to proceed to trial, the judge will set the dates for your case to be tried. Your attorney will advise you of your rights and the appropriate decisions to make at this time.

PREPARING YOUR CASE

I. GETTING READY

From this point on, your attorney will be gathering the facts and law necessary to advise you of the strength of the prosecution’s case, any defenses you may have, the possible sentence you may face if you are convicted, and whether the attorney feels your interests are better served by a trial or a plea of guilty to one or more of the charges. Each case is different. Complicated cases take more time to investigate, evaluate, and prepare for trial than do simple cases. Your attorney will be doing whatever is necessary to prepare your case as quickly as possible. Remember, however, complete investigation may take several weeks or months. Taking the time necessary to prepare your case properly may save you years in prison and any time spent at this stage of the proceedings, even if you are in pretrial confinement, is worth it. The main point to remember is that your attorney can best advise you only after your case is fully investigated and after determining what level of punishment the government is seeking. Your attorney will then assist you in making the final decisions on matters that may affect your constitutional rights. You will be kept informed by letter or personal visit as your case progresses. If, at any time, you do not understand any matters in your case, write or call your attorney, and your questions will be fully answered.

II. INVESTIGATING YOUR CASE

Preparation is the key to the proper resolution of your case. Your attorney may have the assistance of a professional investigator, a paralegal, or both in the preparation of your case. It will often be necessary for the investigator or paralegal to meet with you to help prepare your defense. Just like your attorney, our investigators and paralegals are bound by the attorney-client privilege. What you tell them will be just as confidential as if you were talking with your attorney. Your attorney, your investigator, and your paralegal need to know the truth, even if the truth makes you appear to be guilty. If we know the truth, we can avoid being surprised at trial. You and your family can help in this investigation of your case by giving us the names and addresses of witnesses who can testify for you and provide an accurate explanation of what happened. Do not contact witnesses who will be called to testify against you. You could be accused of witness tampering, a federal crime. Further, any conversations you have with anyone other than your attorney or their staff could later be used as evidence against you. Remember that most matters involving your case should be kept confidential. Your family will naturally be concerned about your case. Often, however, it is not in your best interest to discuss your case with anyone, even your family. It is important to discuss the issue of confidentiality with your attorney. Other than matters of public record, such as pleadings, motions, and notices of hearings, we generally will not provide information to anyone, even family members, unless you specifically instruct us to do so.

III. DISCOVERY

Federal law provides only limited access to the government’s evidence against you. The process of reviewing evidence in the control of the opposing side in a legal case is called discovery. In some cases, the prosecutor may provide more information than the law requires and make available the entire discovery file for review. In such cases, your attorney can review all evidence, testimony and investigative reports relevant to your case that are in the government’s possession. In other cases, however, the prosecutor may limit access to only those materials that, under the law, must be made available to the defense. In either event, only your attorney will have copies of the government’s discovery file. Your attorney will work closely with you to make sure that you know, and understand, what evidence is contained in the government’s file. Under local rules, your attorney is permitted to have copies of only certain types of documents in the government’s file. The rules of discovery must be strictly adhered to, and your attorney will discuss these rules with you more thoroughly as your case progresses. Your attorney will also, likely, communicate with the prosecutor to get some idea of the government’s view of your case. These discussions can be very helpful as we prepare your case and as you make important decisions regarding how to proceed. Whenever we talk to a prosecutor, or an adverse witness, we are very careful not to disclose any of the confidential information that you have told us or reveal any confidential strategy or any results of our investigation.

IV. MOTIONS

Before or after investigating your case, your attorney may feel it appropriate to file a motion(s), which may be heard before or at trial. Again, to best represent you, your attorney must be involved in all matters before the court, and you should never file your own motions without fully discussing the proper procedures with your attorney. If you have ideas about specific motions that could be filed in your case, you should discuss with your attorney whether those motions would be appropriate or beneficial to your defense.

V. TRIAL OR PLEAD GUILTY?

The U.S. Constitution guarantees your right to a trial by jury. Any decision to plead guilty, accept a plea agreement, waive trial by jury or any other decision to give up any constitutional right is exclusively yours to make. Your attorney will fully advise you as to your options and the benefit or risk of each option and will give you his or her recommendation as to the decision that is in your best interest. However, the final decision is yours, and yours alone, to make. Your attorney will review with you any plea agreements proposed by the prosecutor. You should understand that people who plead or are found guilty of the same crime do not necessarily receive the same sentence under the federal sentencing guidelines, which are the laws that play a large part in determining sentences in federal court. Thus, people charged with the same or similar crimes may receive vastly different plea bargains.

TRIAL

The law provides that, unless exceptions are granted by the court on request of the prosecution, a codefendant, or your attorney, you will be tried no earlier than 30 days or later than 70 days after your first appearance. In practice, however, there are many things that can extend the 70-day speedy trial limit. Remember that your attorney has considerable experience in representing people in criminal cases, and much that happens in the trial process involves strategic decisions of how and when issues should be presented. In these matters, your attorney will keep you informed of the reasons for certain decisions, but you must have the confidence in your attorney to allow these decisions to be the attorney’s alone. Unless waived, your case will be tried by a jury of 12 people. After the prospective jurors are selected and sworn, the case is officially begun. Each side is allowed to make an opening statement to describe what the case is about and what is at issue for the jury to decide. The prosecutor (Assistant U.S. Attorney) then presents the government’s witnesses and evidence. You have the right to have your attorney cross-examine every witness presented against you if the attorney thinks it necessary. Unless the court dismisses the charges against you at the end of the government’s presentation, your attorney will have the opportunity to present the evidence and witnesses, if any, that your attorney feels will best help you in the case. The decision as to which, if any, witnesses to call will be made by your attorney, after consultation with you. You, on the other hand, must decide whether you will testify. Your attorney will give you advice on this matter, including the risks involved. The final decision as to whether you will take the stand, however, is yours alone. Next, each side has an opportunity to sum up their case to the jury. The judge will then read the instructions to the jury for them to use in reaching their verdict. The jury will leave the courtroom to talk about the case until they have reached a unanimous verdict. If the jury cannot agree on a unanimous verdict, then a mistrial occurs, and you may have to have a new trial. Remember, no two trials are alike. Your attorney will answer any specific questions you have about your trial.

SENTENCING

If you have gone to trial and the jury or judge finds you guilty, or if you and your attorney have determined that it is in your best interest to plead guilty, the court will schedule a sentencing hearing. Prior to the hearing, the court will order that a Presentence Investigation Report (PSR) be prepared by the U.S. Probation Office. The Federal Sentencing Guidelines, issued by the U.S. Sentencing Commission, will be used to calculate an advisory sentence. This advisory sentence is a strong, but not controlling, factor in the court’s ultimate determination of your sentence. Some offenses require a substantial mandatory minimum sentence. Also, in some cases, your criminal history alone may be the key determinative factor, as federal law mandates severe sentences for persons with certain prior convictions. Your criminal record may, therefore, play a significant role in your decision to plead guilty or go to trial. Your sentence will also depend, in part, on whether your decision was to plead guilty or go to trial. The decision to plead guilty or go to trial is one of the most critical decisions in your case, and you must discuss the specific application of the guidelines with your attorney to ensure your decision is a fully informed one. Your attorney will get a copy of the PSR, and you will have an opportunity to review it for accuracy before you are sentenced. You have the right to make a statement to the judge at your sentencing hearing. If you decide to make a statement at your sentencing, you should discuss that issue with your attorney well before the sentencing hearing. Do not wait until the day of the sentencing to make this important decision. The judge will also give your attorney and perhaps other interested persons an opportunity to speak on your behalf. Friends, colleagues, or family members may also choose to write a letter to the sentencing judge on your behalf. Any such letters should be sent directly to your attorney, who will present them to the court. Let your attorney or investigator know in advance the names and addresses of the people you believe will want to speak on your behalf at sentencing. You may seriously jeopardize your case if anything presented by you, or your witnesses appears to be untrue or conflicts with the PSR and cannot be satisfactorily explained. Here, as throughout your case, it is important that you provide accurate information.

TYPES OF SENTENCES

It is a fact of life in federal court that most people receive some form of jail confinement as part of their sentence. While probation is an option for the judge in some cases, straight probation is rare, and in many cases is not even an option the judge can consider. Probation is a privilege - not a right. Even if you are a first-time offender, you will not automatically receive probation. The harshest sentence you can receive on conviction, (aside from the death penalty which is applicable to certain federal crimes) will be an order sentencing you to confinement in a federal prison. The federal prisons are operated by the U.S. Bureau of Prisons (B.O.P.). You could be placed in any institution in the United States. While the Bureau of Prisons works to place most people as close to their home state as possible, many factors, including the offense for which you were convicted, your prior record, and the projected length of imprisonment, will be involved in determining where this confinement is served. The Federal Public Defender’s Office has some limited informational materials about the B.O.P., which your attorney can provide you if, and when, your case gets to that stage of the proceedings. Parole has been abolished in the federal system and sentence reductions for good conduct in prison are limited. If sentenced to prison, you can expect to serve at least 85% of your sentence. If you are given a sentence of imprisonment, as most people are, you should be prepared to begin serving it immediately. You will not, likely, be given an opportunity to go home and “get your affairs in order.” You will most likely be turned over to the custody of the U.S. Marshal immediately after sentencing. That means that you should not wear any jewelry, watches, or other items of value to the sentencing hearing, and you should plan for someone to take care of your personal and financial matters before you are taken into custody. In addition to or instead of either confinement or probation, the court may, and in some cases must, impose a fine. The amount of the fine is normally determined by tables in the sentencing guidelines and by the statutory maximum. Your attorney can advise you as to whether you will likely be required to pay a fine. Supervised release will also be imposed in connection with a sentence of imprisonment. When you are released from prison, you will be under the court’s supervision for several years. If you violate the conditions of your supervised release, you can be sentenced to an additional term of confinement. You can also lose all credit for “street time” spent on supervised release.

APPEAL

If you are convicted, even if you pleaded guilty, you have the right to appeal your case. A notice of appeal must be filed within 14 calendar days after judgment (your sentencing order) is entered, or you lose that right. The appeal is an opportunity to tell the appellate court (the 8th Circuit Court of Appeals) exactly how the judge did not follow the law, or what rights you were denied. Typically, the appeal of your case will take 6-12 months to be decided. You do not have an automatic right to bail while appealing, and in most cases an appeal bond will be denied. In most cases, therefore, you will be serving your sentence during the time it takes for your appeal to be heard. Remember, the 14-day time period allowed for filing a notice of appeal is critical, and you must inform your attorney immediately after sentencing if you wish to appeal.

OTHER REPRESENTATION

The Assistant Federal Public Defender (AFPD) cannot represent you in any manner without appointment by the magistrate. When all aspects of this appointment have been completed, you will receive a letter from the AFPD in your case indicating that this office’s representation is complete, and the file will be closed. This does not mean the particular AFPD or someone else from this or another Federal Defender office cannot represent you in the future. However, it does mean that you will need to apply again to a magistrate if you are again charged with a federal criminal offense and get a new appointment before any additional legal services or representation can be provided to you in connection with the subsequent case.

CORRESPONDENCE

You must use your own judgment about writing letters. You should not write about the facts of your case to anyone other than your lawyer. If you have any questions about your case or suggestions about it, you should contact us immediately. Your mail should not be censored. However, it is wise to write on the envelope: “CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGE”. Always include your return address and indicate your cell number location in the facility or jail if you are incarcerated.

Address your letter to the Federal Public Defender’s Office as follows:

Name of Attorney

Federal Public Defender’s Office

222 Third Avenue, Suite 290

Cedar Rapids, IA 52401

Name of Attorney

Federal Public Defender’s Office

400 Locust Street, Suite 340

Des Moines, IA 50309

Name of Attorney

Federal Public Defender’s Office

701 Pierce Street, Suite 400

Sioux City, IA 51101

Name of Attorney

Federal Public Defender’s Office

101 W. 2nd Street, Suite 401

Davenport, IA 52801

TELEPHONING YOUR ATTORNEY

As an alternative to mail, you can call the assistant federal defender handling your case. The Federal Defender’s Office handles thousands of calls each year, however, so you may expect some difficulties in reaching your attorney by telephone. Your attorney will make every effort to take your calls if the attorney is available when you call. Please remember that your attorney has other clients as well, and must contend with frequent court appearances, witness interviews, and other matters that take the attorney out of the office.

If you are in a local jail that has a “free phone” period, please try to call during that period. Otherwise, collect calls may be your only option, and we recognize this limitation. We ask, however, that you limit your collect calls to two per week. If your attorney is not available when you call collect, the staff member will normally not accept the call and that call will not count as one of your two calls. Please understand that by not accepting your call, we are simply notifying you that your attorney is not available to talk with you. You are free to try again later. Telephone calls, text messages, and e-mail messages from the jail to friends and family are monitored. You should not discuss the facts of your case over any form of communication, except with your lawyer.