Soon after your arrest you will be brought before a magistrate judge.  The charges against you will be contained in a complaint with an affidavit that summarizes the evidence against you, or in an indictment returned by a grand jury. This is called your initial appearance. The magistrate judge will explain your rights and make sure that you understand what the prosecutor claims you did. If you cannot afford to hire your own attorney, you will fill out a financial affidavit form (signed under penalty of perjury) to demonstrate this. If the magistrate finds you cannot afford an attorney, either an Assistant Federal Public Defender (AFPD) or a member of the Criminal Justice Act (CJA) panel, will be appointed to represent you. You have the right to hire an attorney of your choice, even if the magistrate judge initially appoints an AFPD or a CJA Attorney. 

At your initial appearance, once the magistrate judge addresses the issue of counsel, she or he will decide whether or not there are any conditions of release that can be set at that time, or if the case will be held over for a detention hearing.

If you are detained at the initial appearance your detention hearing will be held in 3 to 5 days.  At the detention hearing the government can call witnesses and/or proffer evidence as to why you should be held in the custody of the U.S. Marshal Service pending trial.  Your attorney can call witnesses and/or proffer evidence as to why you should be released and can present a release plan to the magistrate judge. There are limited or no cash bonds, so you will either be released on conditions of release or held without bond. At the conclusion of the hearing the magistrate judge will decide whether you will be released or held without bond pending trial.

Each case differs, but here is a list of conditions that the judge may impose for your bond:
Pretrial supervision, drug testing, mental health treatment, travel restricted to the Western District of Virginia, the surrender of all travel documents, electronic monitoring, a curfew, a requirement that you not visit any transportation centers such as airports, surrender of firearms, or a restriction on certain types of employment. These conditions are enforced to ensure your appearance in court. They will be laid out in the written bond document that you and your co-signers sign in court. If you need a copy of your bond document, please ask your Assistant Federal Public Defender.

If you are accused of violating your pretrial release conditions, the court will hold a hearing regarding the alleged violation and may either place you in custody, modify the conditions of your release, or take no action at all.

Once the prosecutor files an indictment against you, you will appear in court to be arraigned on the formal charges. For some people this will happen at the initial appearance.  You will be advised of the charges against you and the maximum penalties for each offense. The court will make sure you understand the charges and the penalties associated with them and then ask you if you enter a plea of guilty or not guilty. In almost all cases you will plead “not guilty” and request a jury trial. A “not guilty” plea gives your legal team the chance to receive discovery (the government’s evidence), conduct and independent investigation, gathering additional information helpful for your case.  Under the Speedy Trial Act you have a right to a trial within 70 days of your arraignment on the indictment.  This time may be extended by the government or the defense if more time is needed to prepare your defense.

“Discovery” is the process of getting information from the government that they plan to introduce at trial.  The court will issue an order setting timing for discovery disclosure. You will review the discovery with your lawyer.

In the Western District of Virginia, we use the team approach on our cases.  That means that every case is staffed with an attorney, an investigator and paralegal.  You team will work with you throughout the pendency of your case.

Independently of the discovery process, your lawyer and other members of your legal team will explore any possible defenses. They will also explore other issues that could affect your case, including discussing your personal history.

Your lawyer will determine, with input from the entire defense team will determine the scope of the investigation. Investigation varies widely from case to case, and can include locating and interviewing witnesses, examining scenes, having physical evidence tested, getting expert opinions, etc. An investigator from our office may do much of the work, such as interviewing witnesses. The investigator may also organize information and prepare exhibits to help your case. You, your lawyer, the investigator, the paralegal and the Federal Defender staff are a team. What you say to them is completely confidential. Please cooperate with all of them, so that we can do the best job possible in defending you.
 

What the defense team learns is privileged and will not be disclosed to the prosecutor or anyone else except with your permission.  However, if your case goes to trial, your attorney will have to show the prosecutor any evidence you will use in your case, and any test results that will be used at the trial. During the investigation of your case, your legal team will take care to protect all information you give them. Your attorney will explain as you go along which information has to be shared with the prosecutor.