Family Member Arrested by Federal Agents

Family Member Arrested by Federal Agents

Your family member was arrested by federal agents. FBI, DEA, ATF, ICE, U.S. Marshals—you’re not sure which, you just know they’re gone. You’ve been calling the FBI field office for twelve hours getting transferred, hearing “we cannot confirm or deny.” You’re reading this 24 hours after the arrest happened, maybe 48 hours, and here’s what you need to understand right now—you have less than 48 hours until a detention hearing that determines whether your family member stays in federal jail for months or gets released. Not weeks from now. Days.

Thanks for visiting Spodek Law Group. We’re a second-generation federal criminal defense firm managed by Todd Spodek with over 40 years of combined experience defending clients facing federal arrests and detention hearings. This article explains what’s actually happening right now, where your family member is, how to find them, what the next 72 hours look like, and what you need to do TODAY.

What’s Happening Right Now and Why You Can’t Find Them

You think something’s wrong—maybe you’re calling the wrong office, maybe they’re hiding something from you. None of that. Federal agencies—FBI, DEA, ATF, U.S. Marshals—have explicit policies AGAINST providing arrest information to families. Security protocol. They will not tell you where your family member is, what charges exist, when the court hearing is scheduled. You can call for 24 hours straight, same answer. “Cannot confirm or deny.”

This is the 48-hour information blackout. Every hour you spend calling agencies that will never help you is an hour you’re not spending hiring an attorney before the detention hearing.

Stop calling the FBI. Check PACER—the federal court docket system. But timing matters. PACER becomes searchable 4-12 hours AFTER the initial appearance before a magistrate judge (which happens 8-24 hours post-arrest). District variations: Southern District of New York—4 to 6 hours after initial appearance. Central District of California—8 to 12 hours. If you’re searching at hour 6 post-arrest and finding nothing, you’re too early. Check again at hour 12-24.

Alternative: Call the federal public defender’s office in your district—they get case assignments simultaneously with docket creation, sometimes 2-4 hours before PACER shows it. Call the federal courthouse clerk’s office.

November 2025 context: Immigration enforcement operations happening right now (2,400+ arrests in Southern California alone). Many families searching this are dealing with ICE or Border Patrol (immigration system), not FBI or DEA (criminal system). Completely different systems. ICE arrest: immigration court, ICE Online Detainee Locator (not PACER), bond hearing weeks later. FBI/DEA arrest: criminal federal court, PACER, detention hearing within 3 days. You need to know which system you’re in because the resources you use, the type of attorney you hire, the timeline you’re facing are all different.

The Critical 72-Hour Window You’re In

You’re reading this 24-48 hours after the arrest. Which means the detention hearing is 24-48 hours away. Tomorrow. Maybe the day after. Federal Rule 5.1 requires detention hearing within 3 days of initial appearance. Do the math: Arrest Monday 6pm → Initial appearance Tuesday 2pm → Detention hearing Thursday or Friday morning. You’re searching Tuesday night, spending Wednesday “researching your options.” Thursday morning, detention hearing happens with no attorney prepared.

Default result? Detention. Your family member stays in federal jail for 2-6 months until trial.

This is the detention hearing timeline trap. Most families don’t realize they’re already behind.

Decision you need to make right now: Stop researching. Call three federal defense attorneys today. Hire someone by tomorrow morning. Give them 24-48 hours to prepare. That hearing determines release with conditions (GPS monitoring, home detention, third-party custodian) versus pretrial detention (months in federal jail). If your attorney has 48 hours, they can request discovery, build release argument, line up third-party custodian, prepare evidence. If they have 12 hours because you waited, they’re walking into that hearing cold.

Timeline:

Hour 0-4 post-arrest: Booking. Miranda rights. Your family member in holding cell. You realize they’re missing, calling hospitals. Panic phase.

Hour 4-48 post-arrest: Initial appearance before magistrate judge. Charges explained, counsel appointed, detention hearing scheduled. Court docket created in PACER (searchable 4-12 hours later).

Days 1-3 post-arrest: Detention hearing. Judge determines release with conditions or detention pending trial. THE decision point.

Days 3-30 post-arrest: If detained, transfer to federal facility 100-300 miles away. If released, Pretrial Services supervision begins.

You’re at Hour 24-48 right now. Detention hearing at Hour 72-96. What you do in the next 24 hours determines the next 2-6 months.

Where Your Family Member Actually Is

You found them in PACER. Now you want to visit. You’re calling the local county jail—they don’t have anyone by that name. Here’s why: Federal pretrial detainees are not housed locally. They’re housed wherever bed space exists within the federal region. U.S. Marshals Service contracts with 1,200+ facilities across multiple states. Your family member arrested in San Diego might be detained in Imperial County (120 miles away), Arizona (200+ miles), Nevada—depending on where beds are available. SDNY arrestees regularly housed in New Jersey or Pennsylvania facilities.

This isn’t punishment. It’s logistics. Housing is based off bed space availability, not proximity to arrest location.

You might not know which facility they’re in for 3-7 days. When you do, it’s a 2-3 hour drive. Visitation: 1-2 times per week, pre-approved visitor list, sometimes video only. Phone calls expensive ($0.25+ per minute) and monitored.

This is why the detention hearing is so urgent. Once transferred to a facility 200 miles away, family connection becomes extremely difficult. If released at detention hearing, they come home with conditions. If detained, geographic separation lasts months.

What Happens at the Detention Hearing (Why Your Expectations Are Wrong)

You’re raising money for bail, thinking: “$100,000 bail, we’ll pay the bondsman $10,000.” That’s state system. Bail bondsman. 10% payment.

That doesn’t exist in federal court.

Federal Bail Reform Act abolished bail bondsmen. If judge sets $100,000 bond, you need $100,000 cash or property worth $150,000. Not $10,000 to a bondsman. The full amount. This is why 75% of federal pretrial defendants are detained—they can’t meet financial conditions easy to meet in state court via bondsman.

Your expectations about bail are wrong. Reset them.

Certain federal charges trigger “presumption of detention” (18 USC § 3142(e)). Drug trafficking. Firearms offenses. Crimes of violence. When presumption applies, YOUR family member has to prove with “clear and convincing evidence” they’re NOT a danger or flight risk. Much higher burden.

Detention rates: Presumption applies—85-90% detention rate. No presumption—40-50% detention rate. The charge type determines release likelihood more than your family member’s background.

If judge offers third-party custodian release (release to family member’s custody), understand what you’re agreeing to. This isn’t “they stay at your house.” You become the monitoring system. Signed agreement accepting legal responsibility. Ensure they attend all court dates, comply with all conditions, report violations. If they flee, you face contempt charges and financial penalties. Success rate: 95% (family accountability is powerful). But it’s legal responsibility, not just housing.

Focus your attorney’s strategy on release on non-financial conditions (GPS, third-party custodian, home detention)—not on raising $100k cash.

Federal vs State Arrest: Everything You Know Is Wrong

Federal system has no parole (abolished 1984). Must serve minimum 85% of sentence. Federal conviction rate: 90%+. This is not the same system.

What You Need to Do Right Now

If within 48 hours of arrest: Stop researching. Call federal defense attorneys now. Not tomorrow. Now. Detention hearing in 24-48 hours. That hearing determines months of your family member’s life.

Call three attorneys today. Ask: “How many federal detention hearings have you handled?” “What’s your success rate?” “Can you prepare for hearing in 48 hours?”

If past 72 hours: Detention decision made. If detained, focus on expediting case resolution. If released, focus on compliance with conditions.

At Spodek Law Group, we’ve defended clients in your exact situation—families searching for arrested loved ones, detention hearings happening in 48 hours. We’re available 24/7. The detention hearing is coming whether you’re ready or not.

Contact Spodek Law Group—federal criminal defense attorneys. Call 24/7.

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Frequently Asked Questions:

Q: How do I find out where they took my family member?

Federal agencies won’t tell you (security protocol). Check PACER 12+ hours post-arrest (pacer.gov), after initial appearance. SDNY: 4-6 hours searchable, CDCA: 8-12 hours. Call federal public defender or courthouse clerk.

Q: Can I visit my family member after federal arrest?

Not immediately. After detention hearing (Days 1-3), if detained, transferred to facility 100-300 miles away. Visitation: 1-2 times per week, approved visitor list, 2-3 hour drive. If released at hearing, they come home with conditions.

Q: How long can federal agents hold someone before charging?

Initial appearance required within 8-24 hours (Federal Rule 5(a)). Detention hearing within 3 days. If detained at hearing, held until trial (2-6 months).

Q: Do I need a lawyer immediately?

Yes. Detention hearing within 72 hours determines months of pretrial detention vs release. If you hire attorney day-before hearing, no prep time. If 48 hours before, they can build release argument.

Q: What’s the difference between federal and regular police arrest?

Federal: no bail bondsmen (need full cash), detention facility 100-300 miles away, detention hearing within 3 days, presumption of detention for drug/firearms charges (75% detained vs state 10%), no parole (serve 85% minimum).

Q: Can federal agents arrest someone without a warrant?

Yes, if probable cause exists + federal crime committed in agent’s presence, or exigent circumstances. Most federal arrests occur with warrant.

Q: How do I get bail for federal arrest?

No bail bondsmen (Bail Reform Act). Options: (1) Released on own recognizance (rare), (2) Released with conditions (GPS, home detention, third-party custodian), (3) Cash/property bond (need full amount—$100k bond = $100k cash), or (4) Detained pending trial.

Q: What should I do first if a family member is arrested by federal agents?

Within 24 hours: Stop calling FBI (won’t tell you). Check PACER 12+ hours post-arrest. Determine ICE (immigration) vs FBI (criminal). Call three federal defense attorneys immediately. Within 48 hours: Hire attorney with time to prepare for detention hearing happening in 24-48 hours.