• You have an absolute right not to incriminate yourself. Use it.  

• If you are advised of your Miranda rights, things are not looking good for you. Ask for an attorney 

• When law enforcement asks for your consent to search, do not give it (if you do, you will almost certainly be unable to suppress any evidence they find) 

• Do not attempt to dissuade witnesses from testifying. That is a new crime, and it will make your case worse.  

• Do not discuss the facts of your case with ANYONE other than your attorney or someone from our office. Any statements you make can and will be used against you in court—except statements to your attorney, which are protected by attorney-client privilege.   

• Do not say anything (especially on a jail call, which is recorded) that you would not want your judge to hear. 

• ALWAYS show respect to the judge. Pay attention when he or she is talking, do not interrupt the judge, look at the judge when he/she is in the courtroom, address the judge as “your honor,” never roll your eyes or scoff at what the judge is saying—the judge has a lot of power over your life, and it is important you make a good impression 

If you have an initial hearing with the court (either an initial appearance or arraignment), counsel will be assigned to represent you and will be officially appointed during the hearing if you qualify.  

If you believe you are going to be charged with a federal crime (e.g. you have received a letter from the U.S. Attorney’s Office stating they are considering charges, you were served with a federal search warrant, or a federal agent attempted to interrogate you about possible crimes), you should contact our office (208-331-5500) to see whether you qualify for appointment of counsel.  

You will need to complete a financial affidavit to prove that you have insufficient assets to pay an attorney. Counsel will help you complete the affidavit, but you need to have a general sense of how much money you have, how much your assets (car, home, RV, etc.) are worth, what your income is, what your monthly bills are, and how much you owe on any debts. The financial affidavit is filed under seal (meaning it is confidential and the public cannot access it) and a federal judge will decide if you qualify and will appoint counsel to represent you. 

Yes. While we hope you will be happy with the first attorney appointed to represent you, if you feel you are not being represented well or you believe there has been a breakdown in the relationship, you can request that the attorney withdraw. If the attorney does not seek to withdraw and you believe the relationship cannot be repaired, you can write a letter to the judge asking for new counsel. DO NOT DESCRIBE COMMUNICATIONS BETWEEN YOU AND YOUR COUNSEL. Simply state that you do not believe you can trust or communicate with your attorney and ask for new counsel. The judge may decide to hold a hearing to get more information before deciding whether to terminate the representation and appoint new counsel. Your current attorney represents you until new counsel has been appointed. You cannot choose your new appointed attorney—they will be assigned by the court.  

You can proceed with the initial hearings with appointed counsel and once you have retained counsel, that attorney will substitute in to represent you for the rest of the case.  

You should tell your attorney absolutely everything about the offense. All communications between you and your attorney are protected by attorney-client privilege (as long as no one else is present for the conversation—which is why most attorneys will not allow family members to attend meetings about the case). This means your communications with your attorney are confidential. The reason these communications are confidential and protected is so you can feel comfortable sharing any and all information with your attorney and fully discussing any concerns or questions or issues you have.  

Please do not repeat or share communications between you and your counsel because that may waive the attorney-client privilege for the shared communications.  

Your attorney will be better able to represent you if they know about the existence of bad facts (even if the government does not seem aware of them) so they can plan around them and not be surprised if the government discovers them. If you are concerned about any limits of attorney-client privilege, you should discuss that with your attorney.  

For criminal cases, federal court means the U.S. government (as opposed to the state) has charged you with a crime. The crime has to be federal, which means U.S. Congress enacted a statute that prohibited the conduct.

The short answer is that a federal prosecutor took the case. It could be because your investigation was led by federal law enforcement agents (like the Federal Bureau of Investigations, Drug Enforcement Agency, Bureau of Alcohol, Tobacco and Firearms, Department of Homeland Security, etc.). Or the prosecution decided your case was serious. Or you committed a crime that is primarily federal (e.g., committed on federal property).

If your court hearings are in Boise: 550 W. Fort Street, Boise ID 83724 

If your court hearings are in Pocatello: 801 E. Sherman Street, Pocatello ID 83201

Unfortunately, yes. Under current law it is not considered a violation of the double jeopardy clause for you to be charged with a crime in both federal and state court, even if it is for the exact same conduct. 

If your court hearings are in Boise, contact us at 208-331-5500. If they are in Pocatello, please call 208-478-2046. If your court hearings are in Coeur D’Alene, the Federal Defenders of Eastern Washington and Idaho will help you, 509-624-7606 (www.fdewi.org) 

Yes. All initial appearances are open to the public and your family is welcome to attend. Most other hearings are also open to the public. If you are in custody, the marshals will not allow you to speak to or touch your family members. Please keep in mind that if you are in custody, you will also be handcuffed and in chains.  

Court hearings can be very upsetting to children and for that reason, we recommend that if you can find childcare, you leave young or sensitive children at home. 

If it is scheduled in Boise: 550 W. Fort Street, Boise ID 83724 

If it is scheduled in Pocatello: 801 E. Sherman Street, Pocatello ID 83201

Wear clean clothes that do not have any statements or images that could be offensive. You do not have to dress up, but you should wear clothing that shows you are taking the case seriously and that you respect the court.  

Please talk to your attorney about travel. We can request that the marshals pay for your travel to the courthouse (keep in mind they are only required to pay for travel to court—you will have to arrange your own travel home and also pay for any hotel or meals while you are here). 

After the initial appearance, you will be notified of any additional hearings by our office. If you have any questions, please call to ask when your next hearing is scheduled.

Your case is assigned a district court judge—either Chief District Judge David C. Nye or Judge B. Lynn Winmill. The district judge will have the final say on all major issues, including trial and sentencing. Most other hearings are handled by a magistrate judge, including initial appearances, detention hearings, and change of plea hearings. In Idaho we have two active magistrate judges—Chief Magistrate Judge Raymond E. Patricco and Judge Debora K. Grasham—and one recall magistrate judge (who previously served as a full-time magistrate judge and is now retired)—Judge Candy W. Dale. 

Your initial appearance is to inform you of the charges against you (usually either an indictment or complaint), appoint counsel if you qualify, and set any additional hearings. Your initial appearance will take place soon after your arrest (usually within 48 hours). Typically, you will meet with your counsel before court, and they will answer any questions you may have.  

An indictment is a formal charging document—it identifies the crimes you are charged with (as individual counts) and the basic information that supports the charge. An indictment means the charges have been presented to a grand jury (approximately 16 to 23 members) and at least 12 jurors voted that the government had shown probable cause that you committed the alleged crime. In federal court an indictment is required for all felony crimes (unless you waive this requirement). If you are arraigned on an indictment, the judge will discuss discovery procedures with the attorneys and will set a date for trial. 

A complaint is a type of charging document that identifies the crimes you are charged with and is supported by a sworn affidavit that gives the justification for why there is probable cause that you committed the crimes charged. If you have been charged by a complaint, you have the right to a probable cause hearing where your attorney can ask the witness questions and the judge will decide if there is probable cause that you committed the offense. However, if the grand jury returns an indictment before your probable cause hearing, it will be canceled and your case will proceed by indictment.  

An information is another type of charging document that identifies the crimes you are charged with. In the District of Idaho, an information is typically only used when the parties came to an agreement before the case was filed. That is because an information is less formal than a complaint or indictment, so it is used when you are already familiar with the case and have agreed to plead guilty and waive indictment pursuant to negotiations with the government.  

A preliminary hearing is a hearing that takes place after your initial appearance if you are not charged by indictment. Because the grand jury has not voted on probable cause, you are entitled to the additional protection of challenging the probable cause finding with a judge. The government will put on at least one witness (usually the lead law enforcement agent on the case) to testify and your attorney can cross-examine them (ask questions). Then the judge will decide if the government has established probable cause that you committed the crimes alleged in the charging document. Even if you have the right to a preliminary hearing, you can choose to waive it after consulting with your attorney. 

A detention hearing is where the judge decides whether to release you from federal custody or not (if you have other charges, the judge cannot resolve those—he or she can only decide whether you should be in custody on the federal case, so if you have additional complications be sure to discuss them with your attorney). The judge weighs a variety of factors (from the Bail Reform Act) to determine if you pose a risk of flight or a danger to the community. The factors include: the crime you are charged with (certain crimes create a presumption that you should be detained, but that can be rebutted in a hearing); the weight of the evidence against you (which is the least important factor because you are still presumed innocent); your history and characteristics—including your character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties, past conduct, history relating to drug or alcohol abuse (and whether you’re open to treatment), criminal history, and history of appearance at court proceedings; whether you were on probation/parole/release for any other case at the time of the offense or arrest; and the nature and seriousness of the danger to any person in the community.  

Before the detention hearing, you will likely have an interview with a probation officer who will make recommendations to the judge about whether you should be released and, if so, any conditions should be imposed. Your attorney can help you prepare for this interview, but you will want to put your best foot forward.  

You will need a solid release plan before your detention hearing, so think about where you will live, whether you’ll be working, and what treatment you will do. Your attorney (and the probation officer) will have to confirm your release plan, so work with your attorney to figure out contact information for friends and family members as soon as possible. Your release plan does not need to be in Idaho. If you have stronger ties, or a better release plan, in another state, please discuss that with your attorney. 

The judge can decide to release you with conditions, which can vary from simply promising to reappear to electronic monitoring with a curfew. Your attorney can discuss possible conditions of release with you. If you violate the conditions of release, you can be revoked and have to spend the rest of your case in custody. 

You can choose to waive your detention hearing. This waiver is without prejudice, which means if you change your mind, you can ask for a detention hearing at that point, and it will not be held against you that you initially waived. You will want to talk with your attorney before deciding if waiving your detention hearing is the right choice. 

In Idaho federal courts, the judges typically do not require bond/bail. Instead, if the judge decides to release you but thinks you pose some risk, the judge can order conditions of release. Typically, this includes supervision by a federal probation officer. It can also include restrictions on travel (either to the state of Idaho, or even to specific counties). If you have had issues with drugs or alcohol, you will likely have drug testing. The judge can also order another person to be a third-party custodian—that’s usually someone you live with who promises to report violations of the pretrial release conditions to the judge or probation officer. 

No. Not only is it a bad decision to plead guilty before you understand the evidence the government has against you and evaluating whether you have any defenses or pretrial motions, but the judge has no authority to take a guilty plea at your initial appearance. Thus, even if you are asked to enter a plea, the only plea the judge can accept is not guilty. 

Please let your attorney know your immigration status. Being convicted of certain crimes can affect your immigration status and your attorney will advise you as best they can about how to avoid immigration consequences. In addition, if immigration officials have filed a detainer, it can complicate your ability to be released from custody.

Typically, you will be in the custody of the U.S. Marshals. They contract with several facilities in Idaho to house federal defendants. If your court hearings are in Boise, the possible facilities you could be housed at are: Ada County Jail (Boise), Elmore County Jail (Mountain Home), Washington County Jail (Weiser), Jerome County Jail (Jerome), and SeaTac Detention Center (Seattle, Washington). If your court hearings are in Pocatello, the possible facilities you could be housed at are: Bannock County Jail (Pocatello), Jefferson County Jail (Rigby), Madison County Jail (Rexburg), and Mini-Cassia Criminal Justice Center (Burley). The U.S. Marshals have sole control over where you are housed, and we cannot force them to place you in any facility. It is also possible you will be moved during the case. If that happens, please call the office to let us know so we are sending information and scheduling visits at the correct location. 

Do: ask us any questions you have about your case, go over your discovery and fill in any inconsistencies or missing information, think hard about what landed you in this situation and what steps you could take to improve your life, take rehabilitation classes or read self-help books, make plans for what you want your life to be once this case is over, tell us if you have health issues, sign releases so we can obtain records, identify who your main sources of support are, tell us absolutely everything you think might be helpful in your case 

Don’t: talk about the facts of your case to anyone but your attorney and people from our office (especially not on the recorded jail calls), try to get rid of evidence, try to dissuade witnesses from testifying, commit additional crimes (or get in fights or break rules if you are in custody), withhold information from your attorney because you think it will make you look bad.

Please tell your attorney if you cannot understand what is happening (in court or otherwise). You are entitled to an interpreter (even if you speak English fluently, the words used in court might not be familiar to you) and accommodations. The judge will also always give you time to ask your attorney questions during a hearing if you do not understand. 

This varies by prosecutor, but typically you should get discovery within 2 to 4 weeks of your arraignment. This may take longer if the discovery is subject to a protection order (it contains sensitive information like the identity of a confidential informant). 

Our office will send you a copy of the discovery after we receive it. We do remove information that the jails do not typically permit you to have, but your attorney will review all the discovery with you. Please review your discovery and prepare to discuss it with your attorney. If you have been charged with a sensitive crime, we will not send you the discovery unless you request it. 

Please discuss this with your attorney. Your attorney can investigate, research, and determine if there is anything we can do (such as file a motion to suppress). 

Discovery is not publicly available and should not be shared. In addition, some discovery is subject to a court order restricting who can possess it. You should only discuss your discovery with your attorney.

Pretrial motions are any motions the attorney files before trial. These can include motions to suppress evidence, motions to dismiss, motions to compel discovery, motions in limine (to get a pretrial ruling on whether evidence will be admitted or excluded during trial), and motions to continue. Your attorney should discuss what pretrial motions, if any, can be filed in your case.

Your attorney will review the discovery and discuss the facts with you to determine if there is any basis to file a motion to suppress. Motions to suppress are typically based on violations of the Fourth Amendment. If you have any questions about whether your rights were violated, please discuss it with your attorney. 

Your attorney will file the pretrial motion. The government then has 14 days to respond (however they may request an extension). Your attorney has 7 days to reply to the government’s response.

Judges in the District of Idaho typically order hearings on motions to suppress unless they do not involve any factual questions (i.e. everyone agrees on the facts, but disagrees on how the law applies). If it is an evidentiary hearing, then witnesses will testify and be asked questions. If it is argument, then the attorneys will present to the judge and answer questions.

The judge has no specific timeline for ruling on the motion and sometimes the order is not issued until several months after the briefs have been filed or after the hearing. 

A motion will typically pause the speedy trial clock. Therefore, none of the time waiting for briefing to be complete will count against the 70 days the government has to bring your case to trial.

Your criminal case is over, and you have been found not guilty. If you were subject to any conditions of pretrial release, they no longer apply.

If you are found guilty of any counts, the judge will schedule your case for sentencing. It is also possible that you would be ordered to go into custody if you were found guilty of certain crimes.

The pretrial conference is an informal meeting with the law clerk who works for the judge and the attorneys to plan the procedure of the trial. It helps the judge be aware of any potential issues and lets the attorneys know what to expect. You are not required to attend, but you may listen in if you would like.

The case will start with jury selection where people from the community are called in and asked questions by the judge and attorneys. The attorneys then choose the people they want struck (taken off) the jury panel. The individuals who are not struck then form the jury. The attorneys will then give opening statements (with the government going first) describing what they expect to happen during the trial. Then the government will start calling witnesses. They may also admit exhibits (which will go with the jury when they deliberate). Witness’s testimony and exhibits are called evidence. If an attorney thinks that the testimony or exhibit should not be admitted, they can object, but objections must be based on the Federal Rules of Evidence (an attorney cannot object simply because they think a witness is not being truthful). Once the government completes its case, you can choose to present a defense or not. If you present a defense, the government may put on a rebuttal case. Once both sides have rested (finished putting on evidence), the judge will finalize instructions (telling the jury what the law is) and both sides will give closing arguments (telling the jury how they should decide the case). The jury then deliberates and decides whether they can reach a unanimous decision. During deliberations, the jury may ask questions. Typically, the judge will consult with the attorneys before answering. When the jury has reached a decision, they let the judge know and you will return to court to learn the jury’s verdict.  

Your attorney will explain trial procedure to you in more detail and how you should conduct yourself in front of the jury, but in general you should not visibly react to any evidence, and you should always appear to pay close attention to the case. The jury will be paying attention to what you do during the trial.  

In most cases, no. If you decide to go to trial, your attorney needs to be prepared and this typically means extensive time investigating and researching your case and becoming familiar with the facts and filing any pretrial motions. Because all these things take time, it is rare for trials to start on the date set at the arraignment. Usually, your attorney will discuss filing a motion to continue and how long is necessary to prepare your case for trial. 

You have the right not to testify without that being held against you. You also have the right to testify in your own defense. Deciding whether to exercise either of these rights is an important choice that you should discuss thoroughly with your attorney. 

Under the Speedy Trial Act, you have the right for your trial to start within 70 days of your initial appearance. However, a variety of things “pause” the speedy trial clock and do not count against the 70 days. This includes delays from filing pretrial motions and motions to continue (including those filed by codefendants). Importantly, while your case can be dismissed if you are not brought to trial within 70 days, the dismissal is almost always “without prejudice,” which means the prosecutor can immediately refile the case and start the 70-day clock over again.  

Yes, as long as the government also agrees, you can have what is known as a “bench trial,” which is a trial in front of a judge. You should discuss with your attorney whether a jury trial or a bench trial is best for you. 

If you decide to plead guilty and are interested in a plea agreement, your attorney will discuss your case with the prosecutor to see if there are any areas of agreement. The prosecution has internal policies they have to follow, which will limit the benefits they can offer in a plea agreement so generally they will not allow you to plead guilty to lesser crimes than what was charged. You should discuss the specific benefits of a plea agreement with your attorney. 

Often the government is willing to dismiss counts. Unfortunately, this may not significantly help lower the sentence you will be facing. You should discuss your options in detail with your attorney. 

You should discuss the consequences of pleading guilty with your attorney, however if the government is willing to let you plead to a lesser count, that may be a benefit to you.  

While a no contest/nolo contendere plea is technically available in the federal system, in the District of Idaho it is essentially nonexistent. You should not expect to be allowed to plead no contest but should discuss the specifics of your case with your attorney. 

Yes, you can plead guilty to the indictment without a plea agreement. You should discuss this with your attorney. 

Once you have made a final decision to enter a guilty plea, your attorney will notify the court (either by submitting a notice of intent to plead guilty or by sending the signed plea agreement to the prosecutor who will then sign and file it). The court will then cancel your trial date and will set a hearing for you to change your plea to guilty. The judge will often assign your change of plea hearing to a magistrate judge. Usually, this hearing takes place within a few weeks of the notice of intent or plea agreement being filed. 

First the judge must decide if you are competent—able to make big decisions about your case. You’ll be asked about your education and if you have any problems understanding court hearings or communicating with your attorney. You will also be asked if you are under the influence of any substances or if you have taken drugs or alcohol in the past few days. You will be asked about any mental health diagnoses, whether you are receiving treatment, and whether any of the diagnoses affect your ability to understand what is happening in your case. They will also make sure you understand that the hearing is a change of plea hearing and you have had enough time to meet with your attorney and are satisfied with your attorney. 

If your hearing is with a magistrate judge, they will ask if you agree to go forward with them and waive your right to have a district judge take your plea. You will have discussed this with your attorney prior to the hearing and can ask your attorney any questions you have about who is taking your plea. Most people agree to have the magistrate judge take their plea. The magistrate judge uses the same rules and requirements as the district judge and makes a recommendation to the district judge about your plea. The district judge still makes the final decision about whether to accept your plea. 

Then the judge will tell you the charges and the maximum punishment you face by pleading guilty. You will also be told your rights and what you are giving up by pleading guilty and not going to trial. Either the prosecutor or the judge will read the elements of the offense and then the prosecutor will read the facts that support the guilty plea. Most judges will ask you to say in your own words what makes you guilty. You should discuss what to say with your attorney and keep it to the bare minimum.  

If you have a plea agreement, the judge will review it with you to make sure you understand it and are agreeing to everything in the plea agreement.  

The judge will ask how you plead and will decide whether to accept your guilty plea. Then the judge will give a date for your sentencing hearing and other sentencing deadlines. If you are out of custody, the judge will ask if anyone is requesting detention (or will note if it is a case for mandatory detention).   

If you pleaded guilty to certain crimes (including almost all drug offenses), detention is mandatory once you have been found guilty. However, your attorney can argue that extraordinary circumstances exist that support letting you remain out of custody. You should discuss the possibility that you will be detained with your attorney. 

The judge is not bound by the plea agreement and while he will consider the recommendations, he may decide not to follow them. You should discuss with your attorney how likely it is that the judge will follow the recommendations.  

This is an investigation by a probation officer that is ordered by the judge before your sentencing hearing. It takes place between conviction (either a guilty plea or a guilty verdict) and your sentencing hearing. A probation officer will review the discovery in your case, collect your criminal history records, interview you (with your attorney present), and verify as much information as possible (including by collecting other records, doing a credit check, and calling family members or friends). The probation officer then writes a presentence report, which includes a summary of the charges, the discovery, your guideline calculation, criminal history, personal history, and sentencing options. A draft is provided to the attorneys and your attorney will review it with you to see if there are any errors or changes that you would like made. Your attorney can then file official objections to the report. The probation officer will decide whether to incorporate the objections into the final presentence report, which is given to the judge two weeks before the sentencing hearing. If the probation officer rejects your objection, you can ask the judge to rule on it.  

Your attorney will go over any details, but in general the probation officer will be asking your personal history. This will include your immediate family’s names, ages, and occupation; your childhood experiences; education; work history; mental and physical health; substance abuse history; and other personal details. Your attorney will want to review any tattoos and gang affiliation and any other sensitive areas before you meet with the probation officer for the interview. You will need to be honest with the probation officer and think of at least one person they can contact to verify your background (often a parent, spouse, or sibling). This interview gives the court and probation office context about who you are, so think about what important events in your life shaped you. You should not discuss your criminal history in the interview. Your attorney will be present for the interview and will talk to you about whether you should give a statement about the offense to accept responsibility.  

Talk to your attorney about your personal history so you can identify any sensitive areas. Think through your history about important events in your life and what made you the person you are today. You may want to draft a timeline to help keep straight what happened when.  

First the judge will make sure you understand what has happened in the case so far.  

Then he will resolve any outstanding issues. If you have an objection to the presentence report that requires evidence, witnesses may testify. Both attorneys will make an argument about what sentence they think the judge should impose. Then you are given the opportunity to make a statement to the judge. After that, the judge will decide any remaining issues and impose the sentence. 

The sentencing guidelines are required by Congress to make federal sentencing more uniform. All federal offenses have a section in the guidelines where “levels” (points) are assigned in an attempt to measure the seriousness of the offense.  The guidelines also use points to measure how serious your criminal history is based on the length of sentences you received. These two scores are then combined to establish your sentencing guideline range, which is a recommendation of how long your incarceration should be. The guidelines also include extremely limited ways of lowering your sentence, but primarily increase your sentence based on facts in your discovery and your criminal history. The recommended guideline range is advisory, meaning the judge is not required to choose a sentence within the range recommended by the sentencing guidelines. However, the judge is required to calculate your guideline range and use it as a starting point for sentencing, so the sentencing guidelines are very important. Your attorney will review them with you and estimate how the sentencing guidelines will apply in your case.  

Your guideline range is primarily based on history (what happened during your offense and what your prior convictions are), so you are very limited in your ability to lower the range. If you decide to cooperate with the government and provide substantial assistance, the government will move for a reduction in your guideline range. If you are interested in cooperating, you should discuss that in detail with your attorney. You also can make sure that you do not increase your guideline range by not doing anything that would interfere with the investigation (like asking someone to hide or destroy evidence). Your attorney will discuss the guidelines in detail with you.  

Work with your attorney to identify anything that makes your offense less serious or would convince the judge to give you a lower sentence. This can include doing really well on pretrial release, showing that you are committed to recovery, identifying a release plan that addresses anything that contributed to your offense (e.g., mental illness or substance abuse), having strong support (friends or family), and showing context for the offense (including a history of abuse or other factors that kept you from having the same opportunities to succeed). Highlight the positive areas in your life and identify people in the community who can describe your strengths and progress to the judge by writing letters of support.  

And please don’t make your case worse by fleeing, lying to the probation officer, making threats, trying to hide evidence, getting into fights, or otherwise committing crimes or violations (of pretrial conditions or jail rules).  

Letters of support are written by people in the community who know you. They can be family members, friends, employers, coworkers, religious leaders, counselors, doctors, or anyone else who is able to contribute information about you to the judge. When you are preparing for sentencing, think through the different areas of your life and who knows you well and could write a letter on your behalf. Some of the people may only know one side of you (like a boss or coworker who doesn’t know your personal life), but they know that part of your life very well. Letters of support are about quality, not quantity. They are extremely important because they help the judge understand you better as a full human rather than just through the lens of your crime. These letters are filed with your sentencing material and are not public. The judge reads all letters of support before your sentencing hearing. 

Your statement to the judge is the final step before he imposes a sentence, so it is very important. If you choose to make a statement (you should discuss this with your attorney), it needs to be sincere and respectful. Your attorney will likely want to practice the statement with you before your hearing and discuss what you should and should not include. The judge is looking for credibility (can he believe what you are saying, do you mean it or is it just wishful thinking or saying what you think he wants to hear), acceptance of responsibility (do you understand why what you did is a crime, are you taking the case seriously, are you going to avoid whatever led you to this offense in the future), and commitment (are you going to do what you say, will you commit other crimes or violate supervised release). You should not argue for a specific sentence—that is your attorney’s job. Instead, your statement should make the judge feel comfortable imposing the sentence your attorney requested.  

Your sentencing hearing will be scheduled once you are found guilty (either by pleading guilty or being convicted by a jury). Usually, it is set 10-12 weeks after you were found guilty. 

The first deadline is for the initial presentence report. The judge orders a presentence investigation before the sentencing hearing. This investigation is done by a probation officer who specializes in presentence investigations (so not the same person who may have interviewed you or supervised you for pretrial release). As part of the presentence investigation, a probation officer writes a report for the judge. The judge gives a deadline for the draft presentence report—which is only given to the attorneys.  

Then he gives a deadline for the parties to object (ask for changes) to the report.  

The next deadline is for the final presentence report, which is given to the judge as well as the attorneys. The probation officer who wrote the report will also make a sentencing recommendation, which is filed at the same time as the final report.  

Sentencing memos and letters of support are due one week before your sentencing hearing.  

The final date is your sentencing hearing where the judge will decide any remaining issues, hear arguments from the attorneys, listen to your statement, and impose sentence. 

There is no parole in the federal system. If you are sentenced to prison, you will serve the entire term minus any good time credit or other reductions you might earn while incarcerated. The federal system has what is known as supervised release, which is a set period of supervision after incarceration. When you are sentenced to prison, you are also given a set term of supervised release where you will be required to report to a probation officer and follow other conditions of release. 

The BOP determines your projected release date (which assumes you will earn all available good time credit) once you are designated. This date may change if the BOP re-evaluates the amount of time that you have been in custody, or if you violate BOP rules and lose good time credit. You should be told your projected release date when you meet with BOP staff, but it is also available on the BOP website: https://www.bop.gov/inmateloc/  

If you are out of custody for sentencing and are doing well on supervision, your attorney will likely ask that you be allowed to self-surrender if you are ordered to serve a period of incarceration. What this means is you will transport yourself to the prison (rather than being taking into custody locally and transported by the marshals). This is beneficial because the marshals transport is uncomfortable and stressful, your security classification score is lower if you are allowed to self-surrender, you will know where you have been designated to start serving your sentence before you report to the prison, and you can prepare for your sentence (including bringing medical necessities and checking with the prison about what you will be allowed to bring). You can find more information on voluntarily surrendering to a federal prison here: https://www.bop.gov/inmates/custody_and_care/voluntary_surrenders.jsp  

Federal prison sentences are typically served in federal Bureau of Prison (BOP) custody. There are no federal prisons in Idaho. The closest BOP facility is in Sheridan, Oregon. While the BOP ultimately decides which location to designate for your sentence, you will be able to request that your sentencing judge make a recommendation. You can find the locations here: https://www.bop.gov/locations/  

More information about BOP designations is available here: https://www.bop.gov/inmates/custody_and_care/designations.jsp  

Your federal sentence starts at the earliest, on the date of your sentencing hearing. If you have sentences that were imposed in other cases (such as a state case or a separate probation or parole violation), the judge can decide to order the sentences run concurrently (at the same time) or consecutively (one after the other).  Even if a sentence in another case has not yet been imposed, your federal judge can order the federal sentence run concurrently (or consecutively). If you have other sentences, you should discuss this with your attorney.

This depends on whether you were arrested solely for the federal charge and is something you should discuss with your attorney. If you were in custody for the federal case only (no other state or local cases, probation or parole violations), you typically will get credit for your time in pre-sentence custody.  

However, any time in custody before sentencing that is counted towards another sentence does not count for your federal sentence. Thus, if you were arrested and ultimately sentenced on another case (for example, you were brought in on a parole violation), the time you spend in custody is counting toward that case and will not be credited toward your federal sentence. This can be a complex issue so you should discuss the details of your situation with your attorney. 

Your security level determines what level of facility you are eligible for. Federal facilities range in security levels from minimum (camps) to high (penitentiaries). The Bureau of Prisons (BOP) determines your security level once you have been sentenced. It is based on this form: https://www.bop.gov/policy/forms/BP_A0337.pdf  

Most factors that establish your initial security level are set, however you can lower it by verifying your GED or high school diploma and if you are able to resolve any detainers, pending charges, or warrants. Once you are in BOP custody, your security level is regularly reviewed and you can move to a lower security level facility through good behavior and making progress on your goals.  

Once you are in custody you can reduce the time you spend in a prison by earning good time credit, earned time credit, and participating in the residential drug abuse program (RDAP). You can earn good time credit (up to 54 days a year) for not violating rules. Earned time credit is earned by successfully participating in certain programming. You can also lower your sentence by successfully completing RDAP. Finally, if you are eligible, the BOP can prepare for your release by designating a period of time at the end of your sentence be served at a halfway house or on home confinement.  

To participate in RDAP, you must have approximately 24 months left to serve in your federal sentence. You also must have abused drugs or alcohol within a year of committing the offense or being arrested and be interested in treatment. Because there is usually a waitlist to get in the program, you usually need a recommendation from your sentencing judge to participate. If you successfully complete the program (and are otherwise eligible for a reduction), you can get as much as one year off your sentence (although most people get 10 months or less). These BOP facilities currently offer RDAP: https://www.bop.gov/inmates/custody_and_care/docs/rdap_locations_july_2022.pdf  

Each BOP location has its own list of programs, which may include substance abuse treatment, education programs, and work programs. Once you know which facility you have been designated to (or are interested in), you can look up programming available there. Programs that are eligible for earned time credit are listed here: https://www.bop.gov/inmates/fsa/docs/FSA_program_guide_0722.pdf  

Unless you are convicted of a disqualifying offense (listed in 18 U.S.C. § 3632(d)(D)-(E), but ask your attorney if you have questions), or are subject to a final order of removal, you are eligible for earned time credit. These credits are earned by successfully participating in certain programming. Earned time credit counts toward pre-release custody. Here is a list of current programs that count for earned time credit: https://www.bop.gov/inmates/fsa/docs/fsa_guide_0822.pdf  

Talk to your attorney about the options for eliminating detainers. Unfortunately, it usually relies on luck and a reasonable prosecutor. Parole or probation violations can be especially difficult to resolve.  

Unfortunately, no. You’ll have to make the best of the situation and do what you can to work with your probation officer. 

If you are doing exceptionally well on supervision (no violations, completing treatment and other conditions, making progress in your life), you may be eligible for early termination of supervised release. Please contact our office to see if you are eligible. If you have just started supervision and want to reduce your sentence, you might qualify for START court, which is a one-year program of attending court meetings once a month. It is a voluntary program and if you complete it, you will receive either one year or 1/3 off your term of supervised release (whichever is longer). You can contact our office or talk to your probation officer to learn more about the program. 

Please contact your attorney to discuss the details. 

Unfortunately, the best you can do is sit tight, follow your conditions, and see what happens. Do not abscond since that will make your situation worse. If you feel comfortable asking your probation officer what you can do to get back on track, that will show that you are interested in complying with supervision. 

Avoiding or altering the drug test will not help since missed tests are usually considered positives by the judge and attempts to tamper with the drug test will only make things worse. If it is your first positive drug test, you likely will not be violated although you probation officer will want to discuss what happened and may want you to do additional drug testing or treatment.

Please contact your attorney if you have any questions. Modification is typically a step taken by a probation officer rather than revoking your supervised release. 

You will almost certainly be revoked, but the federal hearing will not take place until after the state case is resolved (if you are in custody) or once you bond out of state custody. Please contact your attorney if you have any questions.  

You will have an initial appearance where you will be formally told the allegations that you violated conditions of supervised release. You will have the option of requesting a preliminary hearing to determine if there is probable cause to believe you violated a condition of supervision. You can also request a detention hearing. The judge will schedule a revocation hearing where your sentencing judge will either take a plea for the allegations or have an evidentiary hearing and make a finding (by a preponderance of the evidence, which means more likely than not) as to whether you violated a condition of supervision. If you are found to have violated a condition of supervision, then the judge will immediately proceed to sentencing. Before your revocation hearing you will get discovery and can discuss the allegations with your attorney. You will also see a final revocation report and what the probation officer is recommending before the revocation hearing.  

The judge could sentence you to additional incarceration (with or without further supervised release) or could decide to return you to supervision (with or without additional conditions). You should discuss the specific options with your attorney. 

No, because this is not like parole where you have a set end date, you cannot simply opt to spend the rest of your sentence in prison. It may be possible in some situations to max out the amount of supervision the judge can give, or your attorney may be able to argue that you should not be placed on another term of supervised release after revocation. You should discuss your options with your attorney. 

This varies by the location of confinement, and you will need to check with the facility if you are unsure how to send money or if you can arrange visitation. Currently none of the local jails allow in person visitation. Information on visitation in a BOP location is available here: https://www.bop.gov/inmates/visiting.jsp  

If the hearing is scheduled in Boise: 550 W. Fort Street, Boise ID 83724 

If the hearing is scheduled in Pocatello: 801 E. Sherman Street, Pocatello ID 83201 

Both courthouses have public parking. 

Please DO NOT ask the client for information about the facts of the case! Anything they say to you about the facts could be considered evidence that you would have to testify about if asked. Therefor you should only ask about procedure or when court hearings are scheduled. We are not able to share confidential information about the case with you. 

If the client was sentenced only on federal charges, any prison sentence will be served in the federal Bureau of Prisons (BOP). The BOP will designate the prison a few weeks after sentencing, but that information will not be made public until the client has arrived at the designated prison. You can find where the client is currently housed in BOP custody at: https://www.bop.gov/inmateloc/  

Typically, federal clients will be in the custody of the U.S. Marshals. They contract with several facilities in Idaho to house federal defendants. If the court hearings are in Boise, the possible facilities they could be housed at are: Ada County Jail (Boise), Elmore County Jail (Mountain Home), Washington County Jail (Weiser), Jerome County Jail (Jerome), and SeaTac Detention Center (Seattle, Washington). If the court hearings are in Pocatello, the possible facilities they could be housed at are: Bannock County Jail (Pocatello), Jefferson County Jail (Rigby), Madison County Jail (Rexburg), and Mini-Cassia Criminal Justice Center (Burley). The U.S. Marshals have sole control over where they are housed and may move them during the case. 

The number one thing most criminal defendants need is your support. Depending on what is happening in the case, we may want to ask you questions about the facts of the case. If the client is convicted (either after trial or by pleading guilty), we may reach out to get information for sentencing to help the judge understand the client better. One way to help a friend or family member who is facing federal sentencing is to write a letter of support. We have instructions on how to address and write the letters, so please contact us if you are interested in writing a letter to the judge. These letters are not released to the public but will be shared with the judge and attorneys in the case as well as the probation officer. You can also show your support by helping with a release plan after a client is arrested or once they are released from custody. Finally, you can attend court hearings (especially detention and sentencing hearings) to let the judge know you care about the client.  

While we send notification of court dates to clients, we do not typically notify family members. The District of Idaho has a public court calendar where you can see all hearings for the week: https://ecf.idd.uscourts.gov/cgi-bin/PublicCalendar.pl  

Almost all hearings are open to the public. You will need to pass through security and have an ID. Because criminal hearings can be traumatic for children, we recommend that if you are able to arrange childcare, you leave young or sensitive children at home.