It’s something you never expect to happen, and something you hope you never have to experience. For those that find themselves faced in the situation of having a loved one arrested on a federal offense, it can be a scary and confusing time. The following can help you deal with this type of crisis and help your loved one as well.
Request and Keep a Copy of the Arrest Warrant
When someone is detained, the arresting officers should provide a copy of a warrant. Keep the copy or request a copy, as this can provide you with some valuable information the early stages of the situation.
The warrant does not provide specifics on the case, as those are located in the affidavit. A warrant of the arrest will be able to tell you which jurisdiction and venue will be used for the detention hearing and will also provide the agent’s name. These details can help you and your attorney to know where the loved one is going to be held and what kind of charge they are facing.
Seek Qualified Representation Immediately
Hiring an attorney is a huge decision. Do your research and find an attorney that specializes in the type of case that your loved one is involved in. Ensure the attorney you hire is able to attend the initial hearing and the detention hearing. Your attorney should seek discovery materials to review as quickly as possible so that they can understand the case and determine the best avenue for your loved one.
Federal guidelines and procedures are different from state guidelines. Verify that the attorney you select will have the knowledge and experience to lead your loved one to the best possible solution.
Prepare for the Arraignment and Detention Hearing
In Federal courts, the decision of whether they will be held or released is not based on the ability to secure a bond. For federal cases, a detention hearing is scheduled quickly after the arrest generally within 24-48 hours.
In cases involving drugs, the accused are generally presumed to be a flight risk. In these instances, you should consider locating people to vouch for the reliability of your loved one. If the court can be convinced that they have close ties to the community, a family to support, a job they enjoy, and a lack of any prior criminal record, you can help your loved one return home before the trial. If you can provide testimony of their reliability on their behalf, do so.
When a loved one is arrested on a federal criminal charge, it can be a confusing and scary time. Take it step by step, and prepare yourself to help your loved one any way you can. Hiring a lawyer, locating community members to vouch for the accused, and keeping track of important documentation can provide your loved one the best chance possible.
If your loved one has been arrested and you need representation, please reach out. We can help.