The Federal Public Defender’s Office Eastern District of Oklahoma is a team of criminal defense attorneys, paralegals, investigators, CJA resource and support staff, administrative professionals, and technology support personnel. We represent people charged with federal crimes who cannot afford to pay an attorney. If you need us, we must be appointed by the court. We can assist you in filling out a financial affidavit for the court’s review. If the court determines you cannot afford to hire an attorney, it will appoint one. Once we are appointed, we work for you, just as a hired attorney would. Except, we are free.
If you have been charged with a federal crime or have received a letter stating you are the target of a federal investigation, and you cannot afford to hire an attorney to represent you, then yes. Contact us and we will assist you in seeking appointment of counsel.
First, it is important to determine whether you are merely a witness or whether you are the subject or “target” of the investigation. A witness just provides evidence, which the grand jury will use to determine if they should issue an Indictment. The subject or target is anyone they might issue charges against based on the outcome of their proceedings. If you suspect you may be the subject or target of the investigation, you should contact a criminal defense attorney immediately. If you cannot afford to hire an attorney, contact us and we will assist you in seeking appointment of counsel.
After arrest, a person must be brought before a judge without unnecessary delay. This is the initial appearance and is held in front of a magistrate judge. The judge will first confirm that you are the person named in the documents that brought you before the court. They will then inform you of the basis for the arrest, advise you of your rights, address whether there are circumstances that may allow for your release, and consider any application for court-appointed counsel. In our districts, this hearing typically takes place the same or next day.
If an Indictment or Information has already been filed, you will be arraigned. This means the judge will read to you the charges against you and ask you how you plead. At this stage, a not guilty will be entered. Your defense team will then have time to review your case and help you determine how to proceed.
A Pretrial Services Officer will visit with you prior to your initial appearance and arraignment. They work for the court. Their job is to prepare a report for the judge recommending whether you should be held in jail or be released pending further proceedings. They will ask about your family, employment, health, and any substance abuse issues or treatment needs. It is okay to answer these questions, but do not lie. If you are uncomfortable with a question, you may choose not to answer. The officer will also look up and include in the report any prior arrests or convictions you may have. However, they should not ask you about those or about the events leading to your arrest and charge. Do not discuss anything about your pending case, what led to your arrest, or any other illegal activity with the Pretrial Services Officer, including prior arrests. Anything you say to the probation officer can be used against you at trial or sentencing.
A Pretrial Services Officer will visit with you prior to your initial appearance and arraignment. They work for the court. Their job is to prepare a report for the judge recommending whether you should remain in custody or be released pending further proceedings. They will ask about your family, employment, health, and any substance abuse issues or treatment needs. It is okay to answer these questions, but do not lie. If you are uncomfortable with a question, you may choose not to answer. The officer will also look up and include in the report any prior arrests or convictions you may have. However, they should not ask you about those or about the events leading to your arrest and charge. Do not discuss anything about your pending case, what led to your arrest, or any other illegal activity with the Pretrial Services Officer. Anything you say to the probation officer can be used against you at trial or sentencing.
If you are released, the Pretrial Services Officer will also supervise you, ensuring you follow the rules put in place by the court (these are referred to as the terms and conditions of your release). They will provide updates to the court, as needed. If you do not follow the conditions of your release, you can go back to jail.
A motion is a formal request to the judge. In this case, the Government is asking the court to make a finding that you must stay in jail until your trial. The motion will include the Government’s reasons for their request. Generally, the court will consider whether there are conditions that can reasonably assure the safety of the community and that you continue to appear in court as directed. Some drug-related charges and crimes of violence carry a presumption of detention, meaning due to the nature of the crime charged it is believed that release is not safe. Your attorney will talk to you about your specific circumstances and may ask the court to set the motion for hearing. The detention hearing usually takes place a few days after your initial appearance and arraignment. This will give your attorney time to gather information from you and collect evidence that may be presented at your detention hearing.
If you are released, a Pretrial Services Officer will supervise you to ensure you follow the rules put in place by the court (these are referred to as the terms and conditions of your release). The officer will provide updates to the court, as needed. If you do not follow the conditions of your release, you can go back to jail.
This means neither a grand jury nor a judge have determined there is probable cause to believe you committed the crime charged. Instead, a statement accusing you of a crime is filed by the prosecutor. This statement (or Complaint) will have an attached Affidavit, signed by a law enforcement officer, describing the crime and the role they believe you played in it. You have the right to a Preliminary Hearing in front of the magistrate judge within ten days of your initial appearance if you are in custody or within twenty days if you are released from custody. At that hearing, the judge will determine whether there is sufficient probable cause to believe you committed the crime alleged and should be subject to further proceedings. Sometimes, the grand jury will return an Indictment before your Preliminary Hearing. If that happens your Preliminary Hearing will be stricken, or canceled.
The grand jury is a group of people from the community called to serve by hearing evidence presented by the prosecutor (Government attorney). Their role is to decide, based on what is presented, if a federal crime was probably committed and whether the person they are investigating probably committed it. They issue formal charges, called Indictments. They are not the same jury that would hear your case should it go to trial. Defense attorneys are not present at grand jury proceedings. Only the attorneys for the government, the witness being questioned, a court reporter, and the jurors may attend.
It is time to begin working with your lawyer and other members of your defense team on your case. Your attorney will receive a Scheduling Order from the court. This document will have all of the important dates for your case. It will include when motions are due and court appearances, including your trial date. Your attorney will also request and receive discovery from the prosecutor and begin investigating your case. It is important that you cooperate with your lawyer and any member of your defense team.
Discovery is the ongoing process where parties in a case exchange certain types of evidence. However, you will likely hear the word used to refer to the actual evidence requested or provided. During this process, your attorney will request and review the evidence the prosecutor plans to use against you. This usually includes reports from law enforcement and any statements made by you. Because not all types of evidence are immediately discoverable and may come very late in the process, even during trial, it is essential that you are forthcoming with your attorney about your case. While your attorney will likely talk to the prosecutor about your case, they will not disclose any of the confidential information you have discussed. Anything you tell your attorney, or other representatives from the Federal Defender Office assigned to assist in your case, is privileged.
Your attorney will evaluate with you the strength of the evidence, inform you whether there are issues to be raised in a pretrial motion, explore possible defenses, and direct investigation on your behalf, as needed. They will also tell you the possible sentences you may face if you are convicted. This will help you decide whether you wish to enter a plea or go to trial.
You may. Your attorney will discuss options with the prosecutor and advise you of any offers made. They will negotiate on your behalf, but will not make any deals for you without your permission. You will decide, with your attorney’s help, whether you want to enter into a plea agreement with the Government. It is important to know that plea agreements in federal court do not contain guaranteed sentences. This is because the sentence you receive will be solely up to the judge. Plea agreements are written contracts between the defendant and the prosecutor, not the judge. However, in exchange for a plea of guilty, the prosecutor may agree to dismiss some counts, allow you to plead to a different, lesser charge, or agree to recommend a lighter sentence. Sometimes, in exchange for a plea offer the Government may ask you to “cooperate.” This means they want you to answer questions and give information about your crimes and the crimes of others. However, not everyone is asked to, so just because someone has a plea agreement does not mean they cooperated with the Government.
Even if you are not offered anything in exchange for a guilty plea, you can still plead guilty. In most cases you will still get a lighter sentence than if you were to be found guilty at trial. This is because the Sentencing Guidelines give a credit for “acceptance of responsibility,” which is demonstrated by a plea of guilty.
If you choose to plead guilty, a time will be set for you to appear before the judge to change your plea from not guilty (entered at your arraignment) to guilty. You will be giving up some important constitutional rights. At your Change of Plea hearing, the court will want to be sure you understand those rights and that you are making the decision voluntarily. The court will also want to make sure you understand the possible sentences and will ask you to describe what you did that makes you guilty. Your attorney will work with you to prepare you for the hearing.
You have a constitutional right to a trial by jury (except for certain misdemeanors). The law also says that you must be tried no earlier than 30 days and no later than 70 days after your first appearance. This time frame can be extended upon request but requires specific findings by the judge. Therefore, in most cases you can expect your trial to take place approximately two months after your first appearance. About a week before your trial, you will have a pretrial conference. The court will inquire about the number of witnesses, expected length of case presentation, and will resolve any outstanding pretrial motions.
At trial, a jury of twelve people will hear your case and decide whether you are guilty. You, your attorney, the prosecutor, and the judge will all participate in deciding who should be on the jury. If you and your lawyer determine it might be better for you to have a judge decide your case, you may waive the jury. However, the prosecutor must also agree to do so. After the jury has been selected, each side will have the opportunity to make an opening statement. Your attorney may choose to wait to give their opening statement until after the government has presented its case. The opening statement generally introduces the jury to what the case is about, what the anticipated evidence will be, and what the jury will be asked to decide. The government will then put on their case. They will call witnesses and show evidence to the jury. Your attorney will get to cross-examine or question the witnesses about their testimony. Once the government is done presenting their case, your attorney will have the chance to present any witnesses and evidence that will help your case. Remember, it is the prosecutor’s job at trial to prove guilt. It is not your job to prove you are innocent and the defense does not have to present any evidence at all. If it does, the government will be able to cross-examine defense witnesses and then when the defense is done, put on additional evidence.
After both sides finish presenting their evidence, each side will get to make a final statement to the jury. These are called closing arguments. Often, they summarize the evidence, tell the jury what they think it means, and how it should decide the case. Like during the presentation of evidence, the prosecutor goes first, the defense next, and then the prosecutor may go again. After, the judge will instruct the jury on the law and what questions it is to answer. The jury leaves the courtroom to discuss the case and try to reach its decision, or verdict. To find you guilty, all jurors must agree.
In federal court, there are two ranges for sentencing. First, there is the statutory range. It is the maximum and minimum sentence allowed by law for a given offense. This range is generally quite broad. The second is determined by the United States Sentencing Guidelines. They narrow the range based on your specific case. The Guidelines are a framework that assigns points to two categories- your offense and your criminal history. Those overall point values are applied to a table that determines your sentencing range in months. You will hear this called the Guidelines range. Various factors influence the assignment of points and an understanding of how federal sentencing works is crucial. This is why it is important to have an attorney that is experienced in federal criminal law. Before you enter a guilty plea or go to trial, your attorney will spend time reviewing the Guidelines with you and will inform you what they believe your Guidelines range will be.
After a finding of guilt is entered, whether by trial verdict or through a plea, a sentencing hearing will be set. Generally, the hearing takes place three months later. This is to give the Probation Office time to prepare a Presentence Investigation Report for the judge. A different officer than the one you met with before your initial appearance will be assigned to interview you and write the report. Your attorney will attend the interview with you and can discuss any questions or concerns you have in advance of that meeting. The report, or PSR, includes a summary of the offense, an outline of your criminal history, and information about your physical and mental health, history of substance abuse, family, education, and work history. It also gives the judge information about your sentencing options, including the Probation Officer’s determination of your Guidelines range. While it will not be contained in your report, the officer will also make a recommendation to the judge of which specific sentence within your range they believe is appropriate. The judge relies heavily on the report and recommendation, so it is important that you review your PSR carefully with your attorney, who can raise any factual mistakes in or legal arguments to the report.
While judges are required to consider the Guidelines, and often do follow them, they are not bound by them. The Guidelines are but one of several factors the court will consider in fashioning your sentence. Before the hearing, your attorney or the prosecutor may file a memorandum or sentencing request that addresses those factors, or they may just speak to them at the hearing. Supportive loved ones, friends, and community contacts may write a letter on your behalf. At your hearing, the judge will ask if you wish to say anything. You do not have to speak. However, if you choose to, it is best to discuss with your attorney ahead of time what you wish to say. Sentencing can be an emotional experience, so some people choose to have their thoughts written out ahead of time to read. Your attorney can help you decide the best approach. After listening to everyone, the judge will impose your sentence.
If you did not waive your right to appeal in a plea agreement, you may appeal the conviction, sentence, or both. An attorney with our office or from the CJA Panel will continue to represent you for free during the appeal. However, a notice of appeal must be filed within 14 days, so it is essential you immediately discuss your desire with your attorney. Grounds (or permissible reasons) for appeal are limited. Your attorney will review your case for instances where the judge did not follow the law or where certain Constitutional rights were denied. If they do not find any issues, and you still wish to appeal, it will be filed. However, the attorney must submit a brief to the court stating they believe there are no appealable issues in your case. The appellate court does not retry cases, entertain new evidence, or hear witness testimony. Instead, they review written arguments (called briefs), oral arguments made at their request, and the procedures and decisions of the trial court to determine if a serious error was made. If they find a harmful error occurred, they will reverse the judgment, usually sending the case back to the trial court with instructions to remedy the error. In most all cases, the defendant remains in custody while their appeal is pending.
You have the right to remain silent when questioned by law enforcement officers. While in some circumstances you may be required to identify yourself, you do not have to give information beyond that. You may also choose to speak to an attorney or have one with you during questioning. To assert these rights, clearly tell the agents that you wish to remain silent and that you want to consult with a lawyer. If you are already represented by counsel, let your attorney know immediately that you were approached by law enforcement.
i. After the Supreme Court affirmed the right to court-appointed counsel for criminal defendants, many were still left disadvantaged as payment for counsel’s time or expenses related to building a defense was not provided for. Congress responded by passing the Criminal Justice Act (CJA). It provides hourly fees and expenses for court-appointed lawyers. There is a panel of private attorneys, called the CJA Panel, to serve as court-appointed lawyers in cases we are unable to take. You may access a directory of our panel attorneys here [hyperlink to a directory- still need to get document with contact information to NITOAD].
Your attorney and members of their staff are the only people you should talk to about your case. Those discussions are confidential. Anything you tell your family, friends, or others is not confidential and is subject to being disclosed to law enforcement or the prosecution team. Other people can be questioned about and, at times, forced to testify about what you say to them. Jail phone calls are recorded and regularly monitored. Those discussions, even if in another language, may also become evidence. Let people know your lawyer has instructed you not to discuss the matter with anyone. If a law enforcement officer tries to talk to you, tell them you want your attorney there.
No. Your federal public defender can only defend you in your federal case. You will need to let your state court judge know if you need counsel appointed to represent you there. However, your federal defender will consult with your attorney in any pending state case to be sure actions taken in one case do not cause a detriment in the other.
Probation is awarded in place of imprisonment. It allows you remain in the community while serving your sentence. However, probation is not permitted in many federal cases and in those cases where it is an option, sentences of probation are rare. A term of supervised release accompanies a sentence of imprisonment. It is a set period of time that you are monitored after you are released from prison (or a halfway house). In both, you will be assigned a U.S. Probation Officer who will ensure you follow the strict rules, called “conditions,” the court put into place. Also in both, if you violate or do not follow those rules, you could be sent to prison. Therefore, it is important that you establish a good working relationship with your probation officer. Please let your attorney know of any issues with your supervision, as they may be able to assist you in resolving them before a violation report is filed with the court.
Rumors to changes in federal sentencing structure or credit computation are common, and often incomplete or wholly inaccurate. Our attorneys stay current on new developments in federal criminal law and updates to the Sentencing Guidelines and will be your best and most reliable source for changes that may impact your case.
There is no parole in the federal system. However, those in federal custody have an opportunity to earn good time credit. For sentences longer than twelve months (but not life), an incarcerated person may earn a credit of up to 54 days for each year of their sentence, as long as there have been no disciplinary problems. Be aware, a person that does not have a high school diploma or GED, or who is not actively working and making satisfactory progress toward earning one, will receive less good time credit.
Yes! Your loved one’s attorney can submit letters of support to the judge for them to consider before sentencing. These letters should highlight positive attributes of the defendant and help the court to get to know the defendant outside of their criminal charge. We believe it is important for the judge to know the whole person and not just the defendant as a person who committed the crime(s) charged. In addition to submitting your own letter, it is often helpful to have a family member reach out to others who know the defendant well and have a favorable impression.
A few simple guidelines should be followed:
- Open your letter with “Dear Judge [insert the judge’s last name]” or Honorable Judge [insert the judge’s last name]”
- If you have access to a computer to type and print your letter, please do so. Otherwise, a handwritten letter will suffice. Just be sure to write as neatly as possible so it can be easily read.
- Identify yourself and your relationship to defendant. Include details describing how long you’ve known them and in what capacity (ex. coworker, relative, through church, childhood friend). It is important for the court to know how you have been able to form your positive impression of the defendant.
- Don’t be afraid to acknowledge the conviction. However, do not discuss the details of the offense, defend the act, or make statements of disbelief of guilt.
- Give your impression of the positive personality attributes of the defendant. If you have a story of behavior that highlights an attribute, include it.
- If you are aware of them, reference conversations or steps taken since the criminal incident or since arrest that indicate remorse, a desire by the defendant to make better choices, or efforts toward rehabilitation (ex. has the defendant shown an exemplary commitment to maintaining stable employment, completed drug treatment and is continuing with support services, etc.?).
- Be sure to sign your letter and include a printed version of your name as well.
Though they are addressed to the judge, be sure you do not send letters of support to the court directly. Instead, give them to the defendant’s attorney to present to the court.
If the person has been sentenced, you may search for their location on the Bureau of Prisons site. You may click on the facility name for more information about the specific site. If the person’s case is still pending, they are likely being held in one of our local jails, linked in the Inmate Locators section of our site here.
You can find information about adding funds to your loved one’s commissary account on the Bureau of Prisons Inmate Communications tab If their case is still pending and they are in a local or state facility, you will need to reach out to their individual site for instruction.
To visit an inmate at a Bureau of Prisons facility, you must be pre-approved. This involves action on both your and the inmate’s part. To learn more about the approval process and visitation guidelines (including dress code, behavior, and physical contact rules), visit the Bureau of Prisons visitation info page