Maryland Federal Arrests
There are certain things that a person can expect regarding the Federal arrest process in Maryland. To learn more or begin building a defense, call and schedule a consultation with a Maryland federal criminal attorney today.
Agencies Involved in Federal Arrests
There are several federal agencies that typically make Federal arrests: the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Department of Homeland Security (DHS). Frequently what happens is that a search warrant is executed; agents show up at your home, place of business, or both at six o’clock in the morning; they execute the search warrant; gather a lot of information; and try to interview you. The best way to handle this situation is to request to speak with a lawyer.
If an arrest is made, you will be taken down for processing at that law enforcement agency’s office. Then you will be taken to court where conditions of release will be determined.
Federal Arrest Process
After you are arrested, handcuffed, placed in some sort of law enforcement vehicle, you will be taken down to the office of that particular agency and begin the arrest process. There you will have your fingerprints and your photograph taken. At some point, a law enforcement agent may try to interview you. When this happens it is typically in your best interest to refuse to say anything and instead ask to speak to an attorney.
After you have been processed, you will be taken before a magistrate judge who will make an initial determination as to whether there should be any release conditions. If the magistrate determines there will be release conditions, you can home if you meet those conditions. If not, then there will be a detention hearing before that magistrate judge. The judge will make a decision regarding the conditions to assure you are not a safety risk to the community and do not pose a serious flight risk.
If you are successful at a detention hearing, then you are able to go home. If you lose this hearing, then you and your lawyer can appeal to the judge who handled your case.
When To Expect An Federal Arrest To Take Place
In general, when an arrest takes place depends on the investigation. There are not any scheduled steps in the process. For example, in child pornography cases, sometimes a search warrant will be executed at someone’s home or place of business and a computer will be seized, but no arrest will be made immediately. In the meantime, forensic searches are conducted on the computer and the arrest comes months later.
Arrest After an Indictment
It is usually best for an arrest to take place in conjunction with an attorney who contacts the prosecutor beforehand. If you have become aware that the indictment is forthcoming against you, you can make arrangements to turn yourself in, which may help convince the judge that you should be allowed to remain free while the case is pending. You show you are not a flight risk for trial because you are voluntarily turning yourself in so the case can start.
Difference Between Federal and State Arrests
In state cases, typically the police predominantly make arrests at the scene where the supposed incident occurred. Local police tend to be more reactive whereas federal law enforcement typically run a longer-term investigation. Federal law enforcement officials are more proactive in this sense and the arrest typically comes later on in the process.