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Does a federal pre-indictment defendant have a right to a Federal Defender in a proffer?

Minneapolis, MN |

Does a federal pre-indictment defendant have a right to a Federal Defender in a proffer?

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Attorney answers 4

Posted

Yes, just as a indigent defendant has a right during the target process. I have two right now.

Asker

Posted

What is the target process?

Stephen F Wallace

Stephen F Wallace

Posted

You are a target of the Grand Jury. A proffer letter provides facts to the Grand Jury if you have not already been indicted.

Asker

Posted

Doesn't a proffer sometimes end in a non-prosecution agreement?

Stephen F Wallace

Stephen F Wallace

Posted

It is possible, but not probable.

Posted

Yes. If you received a target letter you should have been advised of that right. Contact the federal defender, or the clerk of court to see about having a lawyer appointed for you.

The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

Asker

Posted

Wouldn't it be a proffer letter and not a target letter?

Thomas G. Briody

Thomas G. Briody

Posted

No. You get a proffer letter when you are being asked to make a proffer. But you need counsel to decide whether a proffer is a good idea. The target letter triggers your right to counsel if you are indigent. Again, contact the federal defender or the clerk of court. You will need to fill out an affidavit in order to have counsel appointed.

Posted

Generally, yes in Federal court, but not in state court. Contact the Federal Public Defender right away or a qualified , highly rated on Avvo.com ASAP.

This is not legal advice. Communications on this website do not establish an Attorney-Client relationship. This site is only to be used for general information, not advice on what to do with your specific case.

Posted

Yes, if the person is other wise qualified. The quandary of your response is that the person is not a defendant until charged, i.e. indicted in your fact pattern. If the person has received the "target letter" it contains the suggestion by the government that the recipient contact a private attorney or the local federal defender.

Of course, every answer or response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. This answer/response should NOT be relied upon to make any legal decisions. Seek the advice of an experienced Federal and/or state criminal defense attorney in your jurisdiction BEFORE you say or do anything.

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