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Appointment of Counsel

The law provides that under most circumstances, a person facing criminal charges in federal court is entitled to the assistance of an attorney. If a person cannot afford to hire an attorney, then the court can appoint a lawyer for the person. Under some circumstances, however, the court can order the person to contribute to the cost of the attorney, or to repay the cost of the legal services after the case is over.

The decision whether to appoint a lawyer for someone who is facing criminal charges in federal court is normally made by a United States Magistrate Judge. Lawyers in the Office of the Federal Public Defender cannot give legal advice to anyone unless the court has approved the appointment of counsel. Legal advice and representation must be limited to those matters related to the criminal charge for which an attorney was appointed.

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