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What To Do First If a Loved One Is Arrested by Federal Agents

By Spodek Law Group | February 2, 2019
(Last Updated On: May 27, 2023)

You can bet that getting a call that a loved one has just been apprehended by feds is the last thing you can hope for. Most people get confused and often do not know what to do. However you need to take the right steps if you are to assist them get released or get a fair hearing. Nonetheless it is not as easy as it sounds and various things must happen to have them get out fast or at least get a fair hearing in court. While things may vary a lot from a court to court, the following piece will educate you on what to do if they have been apprehended by agents from a federal agency. Also, it is important to understand that this may not apply if they have been arrested in a state court rather than a federal court. Without much ado, below is what you need to do.

  • Stay Calm

The first step is to stay calm and desist from divulging information. You should also remind them to stay calm as well, as this will help you think clearly as you think about proceeding with the next steps. In case they are talking to you through phone, remind them not say anything that will incriminate them, as normally this phone call is being monitored or recorded. Anything they say in the call may be used against them in court. Remind them that they have the right of remaining silent. Also remind them not to divulge unnecessary information before they speak to a lawyer. Then, find out where they are being held at and why they have been arrested. Also necessary is for you not to ask further details as this may get them start saying things that may incriminate them.

  • Initial appearance

Your loved one is supposed to be taken in for a hearing in a court. The hearing is also referred to as the initial appearance. Here, they will be told what charges they are facing. They will also be told about the rights they have. The judge will also tell them whether they will be taken to jail or released before being tried. In case they will be released, they will be informed about the conditions of the release.
Now, you are supposed to find out where the hearing will take place. Normally, the federal agents must have told you what charges your loved one is facing. As a rule of thumb always research on the internet for the name of the court. The federal courthouse may not be an obvious place for you, therefore it is wise to research were it is located.
Once you have these details, it is advisable that you call the court’s pretrial services office informing them of the arrest and possibly ask them to tell you when the case will be heard. If they are not sure yet, give them time to go through their records so that they give you accurate information. You can call them back later, maybe after an hour or so.

  • Hire an attorney

The next thing to do would be to hire an attorney if your loved one does not have one yet. While many people may ignore the services a lawyer during the initial appearance, it is wise. People who have a clean criminal history, and their current case is non-violence, have a higher chance of being released. This gives you ample time to search for a good lawyer. Usually judges have the federal public defender’s office in many districts. This handles the initial appearance in spite of whether your loved one will hire an attorney or not. This is of benefit especially if you can’t hire a lawyer in time.

  • Attend the hearing

Ensure you have a lot of time to visit the courthouse before the case starts. By this, you will find out whether the office has any questions about your loved one that could help them get released faster. If they have any questions, ensure you furnish them with clear and accurate information. Next, get to the courthouse. Whether closed or open, get in and talk to a lawyer. You will identify them by their dressing. Tell them the reason why you are there and ask them when the hearing will commence. Talk to the public defender, if they are the one handling the case.

  • What next after the hearing?

When the hearing is done, chances are that your loved one will regain freedom. Calm them down as this may be a traumatizing experience for them. If they are not being released, find out the jail where they will be held and find out the visiting hours. Also inquire how you can put money on the jail’s account where your loved one can use to buy food and other supplies so as to make life much easier for them.

A Call Nobody Wants: What to Do When a Loved One is Arrested by Federal Agents

Receiving the terrifying news that a loved one has been apprehended by federal agents can leave anyone feeling helpless and overwhelmed. Before succumbing to the emotional turmoil brought on by this unexpected event, it is imperative to remember that taking the right steps can make a significant difference in securing their release or ensuring they receive a fair hearing in court. The following guide outlines crucial steps to follow when dealing with cases in federal court – keep in mind that these may not apply if the arrest occurred in state court.

1. Remain Calm and Collected

The initial shock can be paralyzing, but it’s vital to stay calm during the ordeal. Maintaining composure will help navigate the process more effectively and provide much-needed support to the arrested individual. If they are speaking over the phone, remind them of their right to remain silent and not to divulge any unnecessary information until speaking with an attorney. This phone call could be recorded, and any accidental self-incrimination could be used against them in court.

2. Establish the Details

Gather necessary information, such as the location of the detainment and the reason for the arrest. Resist the urge to ask for more details, as this might prompt the individual to accidentally incriminate themselves.

3. Prepare for the Initial Appearance

During the initial appearance, the arrestee will be informed of the charges against them and their rights. A judge will determine if they should be held in custody or released pending trial. Research the court’s location and find out when the hearing will take place by contacting the court’s pretrial services office.

4. Secure Legal Representation

Having an attorney present during the initial appearance can be advantageous. If the individual does not have legal representation, now is the time to hire a lawyer. However, if acquiring a lawyer before the initial appearance isn’t possible, judges in most districts have access to the federal public defender’s office to assist with preliminary hearings.

5. Attend the Hearing

Arrive at the courthouse well ahead of the scheduled hearing time. Address any questions from the pretrial services office and provide them with accurate information. Locate the courtroom where the hearing will take place and make your presence known to the attorney handling the case (if they are already present).

6. Support Your Loved One Post-Hearing

Upon the hearing’s conclusion, it is crucial to provide emotional and practical support for your loved one. If they are released, help them get their bearings and offer a listening ear to process the traumatic experience. Should they remain in custody, learn the visiting hours of the jail, and inquire about ways to assist them – such as adding funds to their account for food and other provisions.

A Vital Guide in Times of Crisis

The whirlwind of emotions following the arrest of a loved one by federal agents can cloud judgment and impede the decision-making process. By applying the steps discussed in this guide, you will provide invaluable support and increase the chances of a favorable outcome for your loved one. Remember to remain calm, gather essential information, navigate the legal process with care, and offer unwavering support throughout this tumultuous period.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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