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A phone call saying that your spouse, child, parent, or another loved one has been arrested by federal agents can leave you scrambling for answers. You may not know where they are, what they have been charged with, or when you will be able to speak with them.
The most important things you can do after a federal arrest are find out where your loved one is being held, avoid discussing the facts of the case over calls or messages, and contact a federal criminal defense attorney as soon as possible. The first court proceedings can happen quickly, and having a federal criminal defense lawyer involved early can help your family understand what is happening and prepare for what comes next.
What Happens Immediately After a Federal Arrest?
After an arrest by the FBI, DEA, IRS-CI, Homeland Security Investigations, or another federal agency, the person is typically processed and brought before a federal magistrate judge for an initial appearance.
Federal Rule of Criminal Procedure 5 requires an arrested person to be brought before a magistrate judge without unnecessary delay. At the initial appearance, the judge advises the defendant of the charges and certain legal rights and addresses issues involving counsel and pretrial release.
Depending on the case, the government may ask the court to keep the defendant in custody while the case is pending. That can lead to a detention hearing, making the days immediately after an arrest particularly important.
How Can You Find Out Where Your Loved One Is Being Held?
Start by gathering the basic facts. Try to determine which federal agency made the arrest, where it occurred, and whether you have been given information about the courthouse or facility involved.
If the person has already entered the federal detention system, the Federal Bureau of Prisons provides an online inmate locator. However, information may not appear immediately after an arrest, particularly while someone is still being processed or held in a local facility under federal authority.
A defense attorney may also be able to determine where the person is being held and obtain information about upcoming court appearances.
Be Careful What You Discuss on the Phone
It is completely natural to want to ask, “What happened?” But a call from custody is usually not the right place to have that conversation.
Families should assume that calls from a detention facility may be monitored or recorded unless the communication is a properly protected attorney-client conversation. Avoid discussing what happened, possible defenses, witnesses, evidence, or what anyone intends to tell investigators.
The same caution applies to texts, emails, and social media. Do not post about the arrest or start messaging other people involved in the case to compare stories.
There will be time to understand what happened. Protecting your loved one should come before satisfying the immediate need for answers.
What Information Should You Gather for the Defense Attorney?
Families can be extremely helpful during the early stages of a federal case. While the attorney begins examining the charges and court proceedings, you can gather information that may help counsel understand your loved one’s circumstances.
Useful information may include:
- The defendant’s full name and date of birth
- Where and when the arrest occurred
- Any paperwork provided by agents or the court
- Information about medications or immediate personal needs
- Employment history and ties to the community
- Family responsibilities
- Immigration status, when relevant
- Contact information for people who may assist with release planning
Do not conduct your own investigation or question potential witnesses about what they intend to say. Give relevant information to the defense attorney and let counsel determine how it should be used.
Will Your Loved One Be Released After a Federal Arrest?
Possibly. Federal courts determine pretrial release and detention under the federal Bail Reform Act.
The court considers several factors when deciding whether conditions of release can reasonably assure the defendant’s appearance and the safety of the community. These can include the nature of the charges, the weight of the evidence, the defendant’s history and characteristics, community ties, and the potential danger posed by release.
Some federal charges also trigger a rebuttable presumption in favor of detention.
Families may be able to help counsel develop a release proposal by providing information about housing, employment, family support, and other circumstances that could support appropriate conditions of release.
Should Family Members Talk to Federal Agents?
Not before speaking with a lawyer. Agents sometimes contact relatives during an investigation or after an arrest. You may want to be cooperative or believe you can help explain the situation, but you may not know what investigators already know, what they are trying to establish, or whether your own statements could become relevant.
Do not lie to investigators or destroy, hide, or alter evidence. You can simply say that you would like to speak with an attorney before answering questions.
If agents present a subpoena, search warrant, or other legal document, preserve it and promptly provide it to counsel.
Talk to a Federal Criminal Defense Lawyer
The first days after a federal arrest can feel chaotic, but you do not need to solve the entire case at once. At The Fast Law Firm, P.C, we represent people facing federal charges throughout New York and work closely with the families supporting them. If someone you care about has been arrested in a federal case, contact us today to learn how we can help.