Questions families ask about federal cases

They are brought before a federal magistrate judge without unnecessary delay for a first hearing, called the initial appearance (Fed. R. Crim. P. 5(a)). The judge explains the charges and the right to a lawyer, and decides whether the person stays in custody or is released while the case goes on (Fed. R. Crim. P. 5(d); 18 U.S.C. § 3142).

Maybe. The judge must release the person unless no conditions can reasonably assure that they will come to court and that the community will be safe (18 U.S.C. § 3142(b), (c), (e)). In some drug and gun cases the law presumes the person should be held, but the defense can try to overcome that (18 U.S.C. § 3142(e)(3)). The detention hearing is usually held at the first appearance or within a few days of it (18 U.S.C. § 3142(f)).

An indictment is the formal written charge in a federal felony case. A grand jury, a group of citizens, decides in private whether to approve it after hearing from the prosecutor (Fed. R. Crim. P. 6, 7). A felony must be charged by indictment unless the person gives up that right in open court (Fed. R. Crim. P. 7(a), (b)).

The law sets a 70-day limit from the indictment or first appearance, whichever is later (18 U.S.C. § 3161(c)(1)). In practice many cases take longer, because the law leaves out certain delays, such as time spent on pretrial motions or delays a judge finds serve the ends of justice (18 U.S.C. § 3161(h)). Most federal cases end in a plea agreement rather than a trial.

No. Anyone questioned by federal agents has a constitutional right not to answer and to ask for a lawyer (U.S. Const. amend. V; Miranda v. Arizona, 384 U.S. 436 (1966)). Lying to a federal agent is a separate federal crime, even when the person is not under oath (18 U.S.C. § 1001). That is why it is wise to talk with a lawyer before any interview.

Yes. We can talk with family members, but the lawyer works for your son, and we need his permission before we share details about his case. If a family member is paying for the defense, your son still has to agree to that, and the lawyer's loyalty stays with him.

Yes. Federal law puts no limit on the information about a person's background, character and conduct that a judge may consider at sentencing (18 U.S.C. § 3661). Letters usually go to the defense lawyer first, so the lawyer can file them with the court.

Yes. Prisons monitor calls on inmate phones, except properly arranged calls with a lawyer (28 C.F.R. § 540.102). People who use prison email (TRULINCS) must agree to monitoring first (BOP, Inmate Communications, bop.gov). Don't discuss the case on prison phones or prison email.

The judge hears from both sides and then announces the sentence. The judge must let the defendant speak before deciding (Fed. R. Crim. P. 32(i)(4)(A)(ii)) and must consider the factors in 18 U.S.C. § 3553(a), including the Sentencing Guidelines. Victims also have a right to be heard (Fed. R. Crim. P. 32(i)(4)(B)).

It is a report a federal probation officer writes about the offense and the person's life, including a Sentencing Guidelines calculation (Fed. R. Crim. P. 32(c), (d)). The defense must get it at least 35 days before sentencing, and objections are due in writing within 14 days after receiving it (Fed. R. Crim. P. 32(e)(2), (f)(1)). Many courts set their own deadlines in their local rules.

No. Since United States v. Booker, 543 U.S. 220 (2005), the Guidelines are advisory. The judge must still calculate them correctly and consider them along with the other factors in 18 U.S.C. § 3553(a) (Gall v. United States, 552 U.S. 38 (2007)).

The judge can recommend a prison, but the Bureau of Prisons makes the final decision (18 U.S.C. § 3621(b)). The law tells the BOP to place a person as close as practicable to their home, and where practicable within 500 driving miles, subject to bed space, security level and other needs (18 U.S.C. § 3621(b)).

There is no parole for federal crimes committed on or after November 1, 1987 (Sentencing Reform Act of 1984, Pub. L. 98-473). On a sentence of more than a year, a person can earn up to 54 days of good conduct time for each year of the sentence imposed (18 U.S.C. § 3624(b)(1)). Some people can also earn First Step Act time credits toward earlier release to a halfway house, home confinement or supervision (18 U.S.C. § 3632(d)(4)).

Use the Bureau of Prisons inmate locator at bop.gov/inmateloc. You can search by name or by BOP register number, and it covers people held from 1982 to the present.

The person in prison must first put you on their visiting list, and staff review each person on it (28 C.F.R. §§ 540.44, 540.51). Immediate family members are placed on the list unless strong reasons prevent it, and friends who knew the person before prison are ordinarily approved (28 C.F.R. § 540.44(a), (c)). Each prison posts its visiting rules on its page at bop.gov.

The Bureau of Prisons accepts deposits through MoneyGram, Western Union, or a money order mailed to its national lockbox (BOP, Inmate Communications, bop.gov). It does not accept cash or personal checks. Wait until the person has arrived at a BOP facility before sending money.

People who take part in approved programs can earn 10 days of credit for every 30 days of participation, and 5 more days if they stay at minimum or low risk over two assessments in a row (18 U.S.C. § 3632(d)(4)(A)). The credits can move up a transfer to a halfway house, home confinement or supervised release (18 U.S.C. § 3632(d)(4)(C)). People convicted of certain offenses cannot earn them (18 U.S.C. § 3632(d)(4)(D)).

A defendant's notice of appeal usually must be filed within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). The judgment is the court paper that lists the conviction and sentence. Missing this deadline can end the right to appeal.

Usually on the date the conviction becomes final (28 U.S.C. § 2255(f)(1)). After an appeal, that is generally when the Supreme Court denies review or, if no one asks it to review the case, when the 90-day window to ask closes (Clay v. United States, 537 U.S. 522 (2003); Sup. Ct. R. 13.1).

Usually, but not always. The one-year clock can start later when a government-created barrier to filing is removed, when the Supreme Court recognizes a new right that applies to older cases, or when new facts come to light that could not have been found earlier (28 U.S.C. § 2255(f)(2)–(4)). Courts have also allowed late filings in rare, extraordinary situations (Holland v. Florida, 560 U.S. 631 (2010), a related habeas case).

There is no set timeline. The person must first ask the warden, and can go to court after the warden has had the request for 30 days or after appealing a denial through the BOP, whichever comes first (18 U.S.C. § 3582(c)(1)(A)). After the motion is filed, how quickly the judge rules depends on the court.

The Sentencing Commission lists examples, including a terminal illness, a serious medical condition that needs care the prison isn't providing, older age with failing health, and family emergencies such as the death or incapacity of the caregiver of the person's minor child (U.S.S.G. § 1B1.13(b)). The judge must also weigh the sentencing factors in 18 U.S.C. § 3553(a).

Under federal law, yes. A pardoned conviction does not count for the federal gun ban unless the pardon itself says the person may not have firearms (18 U.S.C. § 921(a)(20)). The Justice Department's Office of the Pardon Attorney says a federal pardon restores federal firearms rights (justice.gov/pardon).

Under the Justice Department's rules, a person should wait at least five years after release from prison, or after the conviction if there was no prison sentence (28 C.F.R. § 1.2). People still on probation or supervised release generally should not apply yet (28 C.F.R. § 1.2). These rules guide the Justice Department; they do not limit the President's power (28 C.F.R. § 1.11).

No. The President's pardon power covers only “Offenses against the United States” (U.S. Const. art. II, § 2, cl. 1). It does not reach state convictions.

Yes. We handle federal cases nationwide. In a federal court where Brandon Sample isn't a member of the court's bar, he must ask the judge for permission to appear in a specific case, often called pro hac vice admission, under that court's local rules. Many courts also require a lawyer who is a member of their bar to sponsor the request or appear with him.

No. We handle federal criminal cases only. If the case is in state court, a local lawyer there is the better call.

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