A federal public defender is a lawyer who represents people accused of federal crimes. Those accused of federal crimes who cannot afford an attorney are usually among his clients. Like any other public defender, a federal public defender must vigorously defend his clients.
Separation of powers mandates separate court systems for federal and state courts, as well as delegated powers to the federal government. The states are usually given powers not explicitly delegated to the federal government in the Constitution. This means that states write their own criminal laws, and the majority of crimes are the result of state law violations.
Although the majority of crimes are committed in violation of state laws, there are a few that are solely federal in nature. Tax evasion, for example, is a federal offense that requires prosecution in federal tax court. Other crimes, such as racketeering and mail fraud, are also prosecuted by the federal government.
When a person is charged with a federal crime, he is entitled to due process, which includes a fair trial. He is also entitled to the services of an attorney to represent his best interests. If an accused criminal cannot afford to hire his own lawyer, a federal public defender will be appointed to represent him in court.
Because federal courts differ from state courts, the federal public defender assigned to the case must be familiar with federal civil procedure rules. In addition to passing the Bar Exam, he must be admitted to practice in federal court, which necessitates additional certification. He must have been recommended as a federal prosecutor and sworn in as such.
When the accused invokes his right to an attorney in a federal case, the court will usually appoint a public defender. This means that if a person accused of a federal crime requests to speak with a lawyer, the court will appoint a federal public defender at that time. The case will then be taken over by a federal public defender.
The role of the federal public defender is to either negotiate a settlement or plea agreement for his client or to represent him in court. In either case, this entails assessing the prosecution’s evidence in relation to any potential federal laws that the accused may have broken. This will entail going over the facts of the case, interviewing witnesses, and conducting other investigations, as well as interpreting federal criminal laws based on the information gathered.