Legal Question in Criminal Law in Virginia

Federal Public Defender Responsibilities

I am inquiring for a friend that is held on Federal charges in the State of Virginia that has been assigned a Federal Public Defender.

1. He is considering terminating the public defender due to lack of representation and the federal public defender's refusal to fully disclose all alleged discovery however, the public defender is trying to force him to accept a plea without full disclosure.

2. What are the responsibilities of a federal public defender with regard to providing full discovery to their client.

3. Also, can he terminate the current federal public defender and request a ''pro bona'' attorney due to conflict of interest. Reason: the assigned federal public defender is the lead attorney in that office and he does not feel that he will receive adequate/fair representation from that office once the current federal public defender is terminated.

4. Also, if an inmate is held in a state prison shouldn't they be allowed access to the Legal Library at that facility in order to conduct legal research as it pertains to his case. And if that facility does not have a legal library what are the provisions for the inmate to conduct legal research?

Any insight that can be provided is greatly appreciated.

Thank you.


Asked on 3/22/09, 6:14 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Federal Public Defender Responsibilities

If the friend has good reason(s) to discharge the current federal public defender assigned to represent him, he could write a letter to the judge presiding over the matter outlining the reasons for his dissatisfaction with his current counsel and requesting that another attorney be appointed to represent him. This replacement defense counsel, however, would likely come from the same local federal public defender's office from which the first one came and would not be a pro bono counsel nor an attorney from anywhere else.

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Answered on 3/26/09, 5:48 pm


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