Welcome to the client and family resources section of our website. We hope that you will find this information helpful. Please let us know how we can serve you and feel free to contact our offices with any questions.
What is the Office of the Federal Public Defender for the Western District of North Carolina?
The office of the Federal Public Defender for the Western District of North Carolina 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 includes a trial attorney, an attorney who specializes in research and writing, an investigator, a paralegal, and a legal assistant. These resources will be used to help obtain the best possible outcome in each case.
How do I contact my lawyer?
We have offices in Charlotte and Asheville, North Carolina. Our Charlotte office is on the third floor at 129 West Trade Street, Suite 300, Charlotte, NC 28202, and the office phone number is 704-374-0720. Our Charlotte office is open from 8:30 a.m. to 5:30p.m., but you can leave a message at any time. Our Asheville office is on the second floor at 1 Page Avenue, Suite 210, Asheville, NC 28801, and the office phone number is 828-232-9992. Our Asheville office is open from 8:00 a.m. to 5:00 p.m., but you can leave a message at any time. Both of our offices accept collect calls.
We cannot call you while you are in jail, but your attorney will visit you. If you are out of custody, you will meet with us in our office.
I have been assigned a CJA panel attorney, who is it and where can I find contact information?
If you are unsure who was assigned to your case, you may call our office. If we cannot represent you due to a conflict and you qualify for appointment of counsel, we will arrange for the Court to appoint a private lawyer, known as a “CJA panel attorney.”
If you don’t know how to contact your panel attorney, click here for contact information.
What is a federal case?
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.
Can I be charged in both state and federal court?
It is possible to be charged in both state and federal court. Your attorney can explain this in further detail.
Do I need a federal public defender?
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; or
- 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.
What our clients need to know:
- DO NOT discuss your case with anyone except your attorney or other members of your defense team. (This includes written communications such as letters, 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, including your cellie, 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 phone calls 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.
Charging Process
At the beginning of a federal criminal case, the principal actors are the U.S. attorney (the prosecutor) and the grand jury. The U.S. attorney represents the United States in most court proceedings, including all criminal prosecutions. The grand jury reviews evidence presented by the U.S. attorney and decides whether there is sufficient evidence to bring a charge. Most federal cases begin with an “indictment.” An indictment is the formal written statement issued by the grand jury and signed by a federal prosecutor accusing one or more people with a crime. Although most federal defendants appear after having been indicted by a grand jury, defendants can be charged in a criminal complaint or an information.
Initial Appearance
At an initial appearance, a judge advises the defendant of the charges filed and the right to counsel. Defendants who are unable to afford counsel are advised of their right to a court-appointed attorney. At an initial appearance, a judge typically schedules an arraignment and detention hearing within three business days.
Detention Hearing
When the government moves for detention at the initial appearance, a judge generally will set a detention hearing within three business days. At a detention hearing, a judge hears from the parties and decides whether to release the defendant on bail or to detain the defendant in jail. Defendants released into the community before trial may be required to obey certain restrictions, such as home confinement or drug testing, and to make periodic reports to a pretrial services officer to ensure appearance at trial.
Arraignment
The defendant enters a plea to the charges brought by the U.S. attorney at a hearing known as an arraignment. The defendant is read or given a copy of the charge and is asked to plead guilty or not guilty. Typically at an arraignment, a defendant enters a plea of not guilty. The Court will then set a docket call/jury trial date in accordance with the Speedy Trial Act.
Pleading Guilty or Going to Trial
If a defendant decides to plead guilty, a change of plea hearing will be scheduled for entry of a guilty plea. If a defendant decides to proceed to trial, the Court will schedule a trial date. In a criminal trial, the burden of proof is on the government. Defendants do not have to prove their innocence. Instead, the government must provide evidence to convince the jury of the defendant’s guilt beyond a reasonable doubt. If a defendant is found not guilty, the charges are dismissed, and the defendant is released.
Sentencing
After a defendant pleads guilty or is found guilty at trial, the judge then determines the defendant’s sentence by considering the statutory factors at 18 U.S.C. § 3553(a) as well as the federal sentencing guidelines issued by the United States Sentencing Commission. The Court’s probation office prepares a Presentence Investigation Report (PSR) for the Court prior to sentencing that applies the sentencing guidelines to the individual defendant and the crime for which he or she has been convicted.
A sentence may include probation, time in prison with an additional period of supervised release, a fine to be paid to the government, or restitution to be paid to crime victims. The Court’s probation officers assist the Court in enforcing any conditions that are imposed as part of a criminal sentence. The supervision conditions also may involve services such as substance abuse testing and treatment programs and alternative detention options.
Appeals Process
A defendant who has been convicted in the Western District of North Carolina has a right to appeal the conviction and sentence to the United States Court of Appeals for the Fourth Circuit. A litigant who files an appeal, known as an “appellant,” must show the Court of Appeals that the trial court made a legal error that affected the decision in the case. The Court of Appeals also may review the factual findings of the trial court. The Court of Appeals makes its decision based on the record of the case established by the trial court. It does not receive additional evidence or hear witnesses.
The appellant presents legal arguments to the panel, in writing, in a document called a “brief.” In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed. On the other hand, the party defending against the appeal, known as the “appellee,” tries to show why the trial court decision was correct, or why any error made by the trial court was not significant enough to affect the outcome of the case.
Appeals are decided by panels of three judges working together. The Court of Appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the Court of Appeals.
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a “writ of certiorari,” which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. When the Supreme Court hears a case, the parties are required to file written briefs and the Court may hear oral argument.
Supervised Release and Violations
Many federal offenses carry a term of supervised release. Supervised release is similar to probation - a defendant must regularly report to the U.S. Probation Office, and comply with various conditions. It is important to try to establish a good working relationship with the probation officer to avoid problems that could lead to violations. If the Court finds that a defendant has violated the conditions of supervised release, the Court may revoke the supervised release and sentence the defendant to a period of incarceration and additional supervised release.
The Center provides education and training for judges and federal court employees, and coordinates educational programs for federal public defenders.
United States Sentencing Commission
A bipartisan, independent agency created by Congress to reduce sentencing disparities and promote transparency and proportionality in sentencing. The Commission establishes and amends sentencing guidelines and assists in developing effective and efficient crime policy.
United States Probation Office
This office carries out probation and pretrial services functions in U.S. district courts. If you or your family member are released on bond, serving a probation sentence, or on supervised release after being released from federal prison, a probation officer will be assigned to you. In the Charlotte area, the U.S. Probation Office is located at 200 South College Street, Suite 1650, Charlotte, NC 28202-2005 and the office number is 704-350-7600. In the Asheville area, the U.S. Probation Office is located at 45 Clayton Street, Asheville, NC 28801 and the office number is 828-771-7340.
National Reentry Resource Center
The NRRC is the nation’s primary source of information and guidance in reentry to the community from prison. In addition to research and an online library, the NRRC maintains online state and local reentry directories that help people identify service providers in their communities.
The IAN is a collaborative effort of leading immigrants’ rights organizations designed to increase access to justice for immigrants and strengthen the capacity of organizations serving them. This site provides free, easily accessible and comprehensive online resources and tools.
This website is a project of the Immigration Advocates Network (IAN), and is a searchable online directory of free or low-cost nonprofit immigration legal service providers in all 50 states. The website also allows users to choose in which language they would like to view the site (upper right corner on home page).
If you or a family member have been sentenced for a federal crime in the U.S. District Court, your federal sentence will likely be served in one of the national BOP facilities. You can use this website to search for where an inmate is currently being housed, and to learn about different facilities, as well as the jobs and available programming while in the BOP.
North Carolina Department of Public Safety
If you or a family member have been sentenced for a state crime in a county criminal court, your state sentence will likely be served in a state prison or county jail. You can use this website to search for state prison inmates, probationers, and parolees.
If your family member has not been sentenced yet, please see the Jails section for more information on where he or she is being housed.
An individual detained before trial in the Western District of North Carolina will likely be held at one of the following regional jails operating in the district:
Buncombe County Detention Center
20 Davidson Drive
Asheville, NC 28801
(828) 250-4550
Caldwell County Detention Center
2351 Morganton Boulevard, SW
Lenoire, NC 28645
(828) 759-1510
Catawba County Detention Center
Mailing Address
P.O. Box 385
Newton, NC 28658
(828) 465-8999
Physical Address
100 Government Drive
Newton, NC 28658
Cherokee County Detention Center - (see Departments, then Sheriff’s Office)
577 Regal St.
Murphy, NC 28906
(828) 837-2521
Mailing Address
P.O. Box 1578
Gastonia, NC 28053
(704) 869-6869
Physical Address
425 Dr. Martin Luther King Jr. Way
Gastonia, NC 28052
132 Cotton Drive
Ocilla, GA 31774
(229) 468-4121
348 Medical Park Drive
Marshall, NC 28753-0998
(828) 649-1877
McDowell County Detention Facility
593 Spaulding Avenue
Marion, NC 28752
(828) 652-4000
Mecklenburg County Jail - Central
Mailing Address
P.O. Box 34429
Charlotte, NC 28234-4429
(704) 336-8100
Physical Address
801 East 4th Street
Charlotte, NC 28202
Mecklenburg County Jail - North
Mailing Address
P.O. Box 34429
Charlotte, NC 28234-4429
(704) 336-8100
Physical Address
5235 Spector Drive
Charlotte, NC 28269
Mailing Address
P.O. Box 1398
Bryson City, NC 28713
(828) 488-4844
Physical Address
95 Brendle Street
Bryson City, NC 28713
Here are suggested guidelines, if you want to write a letter of support for a friend, family member, or loved one for their sentencing hearing. These letters can be a very important part of the sentencing process because they help the judge get to know the person they are sentencing in ways other than just the facts of the offense:
- The letter should be addressed to the Judge, but mailed to the defendant’s attorney. The defendant’s attorney will make sure the letters get filed in an appropriate manner.
- Who are you? Introduce yourself to the Court. Explain how you know (and how long you have known) the defendant.
- Make it personal when describing the defendant’s characteristics. Can you think of examples of good deeds done by the defendant (hard work, dedication to family/church/community, generosity, etc).
- Only talk about what you know. Limit yourself to things for which you have personal knowledge.
- Be truthful. Make it clear that you know why the person is in court. If you are writing a letter of support for sentencing, guilt has already been decided, in many instances because the defendant pled guilty. There is usually no need to discuss in any detail the facts of the offense.
- Never attack the victims or law enforcement. This just doesn’t help.
- Never allow the defendant to write the letter for you. The court may contact you to verify that you wrote the words in your letter.
- If appropriate, detail how you will be part of the defendant’s support system following sentencing.
- Be concise. Be Sincere. One page is usually sufficient.
- If you have questions about what to include or not include, contact the attorney handling the case.
- Always sign and date the letter, and provide contact information.
Sesame Street Incarceration App
Download & Details
To learn more about this app and find downloads for Apple or Android devices, go to
https://www.sesamestreet.org/toolkits/incarceration
Description
The Sesame Street: Incarceration app [free] provides parents and caregivers with tools to help children ages 3-8 cope with the many transitions related to a parent’s incarceration.
Features
- Tip Books providing parents and caregivers with age-appropriate language to talk honestly with children (3–8) as well as strategies to help children cope with a parent’s incarceration
- Videos featuring real families and Sesame Street Muppets
- An interactive storybook and photo activity for caregivers to use with children
- Suggestions for additional support and educational resources
Tips
We recommend you use the tools and watch the videos before sharing them with your children so that you can choose what is most relevant and helpful for your family.
About Us
Sesame Workshop is the nonprofit educational organization behind the award-winning television show, Sesame Street. Our mission is to use the educational power of media to help children everywhere reach their highest potential.
Resources in this app are part of Sesame Street’s Little Children, Big Challenges: Incarceration initiative. You can access additional project materials online, at sesamestreet.org/incarceration.
Privacy policy can be found here: http://www.sesameworkshop.org/privacypolicy