Legal Question in Criminal Law in Virginia

is he entitled

My friend has federal drug charges. There is evidence showing his innnocence but i feel like it is not being looked into by the public defendant he has been appointed as he is indigent. My friend at present is undergoing a mental evaluation. Prior to this mental evaluation, he was housed at a prison where his attorney could not come to as he was not paid to come that far. My question is should he be housed at a facility where he can communicate with his attorney and prepare his case. Also, is an indigent in Federal Court entitled to a criminal investigator to assist in his case. Thank you for your time.


Asked on 5/26/05, 7:05 am

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

Re: is he entitled

The answer to your first question is yes, and if the defendant continues to remain inaccessible to his lawyer, the latter should be filing a motion with the federal court to move the defendant to a facility where there is reasonable access.

The answer to your second question is no, the defendant has no automatic entitlement to the services of an investigator but if one is reasonably necessary to the preparation of the defendant's case, the defense attorney can take the steps required to secure one.

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Answered on 5/26/05, 7:39 am


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