The office of the Federal Public Defender for the District of New Jersey provides legal services in federal criminal cases to indigent individuals who are unable to retain private counsel. Although federal defenders are appointed by the Court, federal defenders (like all attorneys) are ethically bound to work diligently to get the best possible resolution in each case. The defense team can include a trial attorney, an appellate attorney, an investigator, a paralegal, and a mitigation specialist. These resources will be used to help obtain the best possible outcome in each case.
We have offices in Camden, Trenton, and Newark. Our office locations and defense team staff information can be found here.
If you are unsure who was assigned to your case, you may call our office and we can help you find out the answer. If we cannot represent you due to a conflict and you qualify for appointment of counsel, (as opposed to paying to retain a lawyer) the Court will appoint a private lawyer, known as a “CJA panel attorney.”
A federal case results from being charged with a federal crime, which is a crime that violates a federal law passed by Congress. Federal crimes also include crimes committed on federal property such as a national park and certain crimes committed on Indian lands.
For more information on the Federal Court process, click here.
It is possible to be charged in both state and federal court. Your attorney can explain this in further detail.
You may need a Federal Public Defender in any of the following situations:
- You have been charged in a federal offense;
- You are under investigation for a federal offense;
- You were contacted by a federal law enforcement agency or any other agency concerning a federal investigation or alleged crime that could be federal; You were subpoenaed to appear in a U.S. District Court.
You have the right to speak with an attorney prior to questioning and you have the right to have an attorney with you during questioning.
There is no fixed bail schedule in federal court. Under the Bail Reform Act, 18 USC § 3141 et seq. the magistrate releases a defendant on conditions sufficient to ensure a defendant's continued appearance. Therefore, release conditions, including bail, can vary dramatically depending on the seriousness of the charges, the defendant's history, and the defendant's financial circumstances.
Bail bondsmen are rarely used in federal court. The defender assigned to a defendant's case can give their family a better feel for the conditions of release that will be required. In every case, however, the more family and community support a defendant has, the more likely release will be granted.
In many cases, monetary or asset bond is not required for bail. For those which do require such bail packages, federal pretrial release can be satisfied with a mixture of assets: principally cash, real property (such as homes), and cars.
The pretrial services officer assigned to the case and the attorney can provide family and friends the information required in order to post bond for the client.
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 inform 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.
If you are detained before trial, you will be held in the custody of the United States Marshals Service. While your case is pending, you will probably be held at one of the several regional jails operating in this district, or the Federal Detention Center in Philadelphia. Click here for information on the jails where defendants are commonly housed in this district.
Your attorney has no control over the selection of the local jail in which you will be held. You may be moved to a different facility while your criminal case is pending, normally due to overcrowding or the needs of the Marshals Service.
DO NOT discuss your case with anyone except your attorney or other members of your defense team. This includes written communications such as letters or texts, etc. Everything you say to your lawyer and your defense team is completely confidential. Do not discuss your case with any law enforcement officers. If they try to talk to you, tell them that you want your lawyer there.
DO NOT discuss your case with other inmates in any language or code. Anything you say could be used against you. Do not discuss the case with friends or family, in any language. All non‐legal calls (which must be pre‐arranged by your counselor) are recorded, and non‐legal mail in jail is monitored. You should assume all social visits are being recorded. Your attorney, and the people working for him or her, are the only ones you should talk to about your case.
We strongly caution you against taking the advice of untrained acquaintances or commercial enterprises which prey on incarcerated individuals and their families. The information is often misleading and following the advice can be harmful to your case and to you. Most inmates in jail are not federal prisoners and do not know about federal cases. Even among federal prisoners, there are many false rumors about sentencing deals and other matters. Your attorney will have accurate information and your attorney is ethically bound to present any plea offer from the government. Federal cases are complex and are highly fact specific, and the more honest and forthcoming you are with your attorney, the better the defense and guidance they can provide. In short, be your own best advocate, but be wary and discuss any concerns you may have with your attorney.
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 their 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 authorization by the client is received in writing.
In general, the more family support a defendant has, the better it is for a defendant and the case. In most cases, we encourage as many family members as possible to come to court appearances.
There are some situations, however, where a large family showing may not help. For example, many people in the courtroom may complicate matters when a confidential informant is testifying in a pretrial evidentiary hearing.
Also, some judges do not like children in the courtroom. The attorney appointed to the case can give more details about the best times for the family to come to court.
Always have a valid photo id when visiting the courthouse. Acceptable forms of unexpired identifications include a driver’s license, a state ID, active passport, or any other government issued identification card.
Dressing appropriately for court not only applies to our clients, but to the courtroom attendees as well. Jeans, flip‐flops, club wear, t‐shirts, ball caps, shorts, and short skirts are not permitted in a Federal Courtroom.
- Do not talk while court is in session.
- Be attentive and respectful.
- Always stand and speak clearly when addressed by the court or when giving a statement to the court.
- Dress appropriately for the court.
- Never appear in court under the influence of drugs or alcohol.
- Cellphones, tablets, laptops, e-readers, recording devices, pagers, knives, or weapons of any kind are not allowed in the courthouse.
- Always have a photo ID when visiting the courthouse.