What To Do First If a Loved One Is Arrested by Federal Agents
If you have been charged with a federal crime, then you may be curious about what will happen when you enter the appeals process. First, you have two appeal options that you can use, but for one of those appeal choices, you only have fourteen days to file the Notice of Appeal. The court is very strict on these timelines. They won’t allow you to be one day late on your formal notice. So you need to be sure you know what direction you want to go and that you have the proper legal guidance.
Your Appeals Options
The first choice in an appeal is called a direct appeal. This is where you feel that the judge or jury has done something that has affected the outcome of your case. The second option is to use a 2255. This type of appeal is filed when you feel that the attorney that represented you didn’t protect your rights, and you didn’t get a proper defense.
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(212) 300-5196Once you determine the best option, you must gather your documentation and file the petition. If you had a previous attorney that messed up your case, then you will need to hire a new lawyer to draft these documents. Going into a federal appeals court will require you to have legal counsel that is knowledgeable in this area of law.
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Your brother was taken into custody by FBI agents at his home early this morning, and federal marshals told the family he's being held at the Metropolitan Detention Center pending an initial appearance. No one in the family has any experience with the federal court system, and you have no idea what steps to take or who to call first.
What should I do in the first 24 hours after my brother's federal arrest to protect his rights and help his case?
The most critical step is to retain a federal criminal defense attorney immediately — before your brother makes any statements to agents, as his Fifth Amendment right to remain silent is his strongest protection right now. Under Federal Rule of Criminal Procedure 5(a), he must be brought before a magistrate judge without unnecessary delay, typically within 48 hours, where the issues of bail and detention under the Bail Reform Act (18 U.S.C. § 3142) will be addressed. Do not discuss the facts of his case over jail phone lines, as those calls are recorded and routinely used as evidence by federal prosecutors. An experienced federal attorney can intervene at the initial appearance to argue for pretrial release and begin reviewing the complaint or indictment to build a defense strategy from day one.
This is general information only. Contact us for advice specific to your situation.
The Docketing Statement
The next process is to file a docketing statement. These are just a formality, and it will help the court know how to handle the case. At this time, transcripts from the trial will be prepared, if they haven’t already done so. The court issues a briefing schedule that allows you time to file your opening brief.
