Federal Arrest Warrants – What You Need to Know

When Are Federal Arrest Warrants Issued?

A federal arrest warrant is a big deal. It’s not like your local police putting out an APB for someone who didn’t show up to traffic court. Federal warrants mean serious business and serious charges. So how do you end up with the FBI after you? I did some digging into the legal mumbo jumbo to break it down.

What is a Federal Arrest Warrant?

A federal arrest warrant is basically permission for law enforcement to arrest someone who has been accused of violating federal law. These warrants are requested by federal prosecutors and signed off on by federal judges and magistrates. Judges don’t just sign these willy nilly though. For a federal arrest warrant to be issued there needs to be probable cause that the person committed some federal no-no.

When are Federal Arrest Warrants Issued?

The most common reason federal warrants are issued is when a grand jury indictment comes down. This means a group of citizens heard evidence that a federal law was broken and agreed charges should be filed. But federal warrants can be issued well before any indictment. If a complaint is filed or an investigation opened, arrest warrants can still be granted if there is probable cause the person did something illegal. So to recap – three main instances when federal arrest warrants are issued:

• After a federal grand jury indictment
• After a criminal complaint is filed
• During an ongoing investigation where probable cause is shown

The interesting thing about federal warrants is they don’t expire. So if you have one from years ago that you didn’t know about, it’s still kickin’!

What Kind of Charges Lead to Federal Arrest Warrants?

Given these are federal cases, the charges have to involve federal laws. Some examples of federal charges that could warrant an arrest warrant include:

• Drug crimes – selling, distribution, trafficking, etc.
• White collar federal offenses – tax evasion, wire fraud, etc.
• Federal gun laws violations
• Child pornography
• Human trafficking and immigration violations
• Counterfeiting
• Cybercrimes and computer hacking
• Terrorism
• Federal RICO charges
• Public corruption, like bribery of federal officials

And the list goes on and on. Basically, if it involves breaking a federal law, not just a state law, federal arrest warrants can be issued.

How Federal Arrest Warrants Are Executed

Once that federal judge signs off on a warrant, U.S. Marshals are usually dispatched to arrest the accused. The arrest can happen anywhere in the country too. Local police can also make arrests based on federal warrants. Many local jurisdictions even have task forces with federal agents as part of joint operations. When busted on a federal warrant, you’ll be hauled in front of a federal magistrate pretty quickly. We’re talking “without unnecessary delay” is how the rules read. Then you’ll officially be told about the charges against you and if bail will be granted.

Fun fact: federal agents can show up without the physical warrant if needed and just tell you there is one. But if you ask to see it, they need to show it to you as soon as possible.

When Federal Arrest Warrants Are NOT Issued

It’s worth mentioning there are alternatives to arrest warrants at the federal level. In some cases, prosecutors will ask the judge for a criminal summons instead of a warrant. This just orders the accused to appear in court on a certain date. But it doesn’t authorize dragging them in against their will like an arrest warrant. Judges have a lot of discretion on warrants vs summons. They can consider if the accused is likely to flee, how severe the charges are, and how much evidence there is.

Dealing with an Outstanding Federal Warrant

If you discover you have a federal warrant, staying ahead of it is important. With today’s data sharing, your name in the system will turn up sooner or later. You can inquire with the issuing court to find out more details. Then your best bet is to consult a federal criminal defense lawyer before making any moves. Voluntarily surrendering is an option, but the risks need to be weighed.

An experienced attorney can walk through pros and cons of different approaches and develop a strategy. Having a lawyer work back channels is also critical to getting the best deal possible.

The bottom line is – federal arrest warrants aren’t trivial. The charges are likely complex. The feds usually have a 95% conviction rate. And federal sentencing guidelines are hardcore.

What is a Federal Arrest Warrant?

A federal arrest warrant is a court order authorizing law enforcement to arrest someone for a federal crime. Federal warrants are issued by federal judges or magistrates when there is probable cause to believe someone committed a federal offense.

Some examples of federal crimes include:

• Drug crimes
• White collar crimes like fraud or embezzlement
• Federal gun crimes
• Human trafficking
• Child pornography
• Cybercrimes
• Federal tax crimes

So if you’re suspected of one of these offenses, federal agents can get a warrant for your arrest from a federal judge.

How Federal Arrest Warrants Are Issued

For a federal judge to issue an arrest warrant, a federal prosecutor must provide an affidavit showing probable cause that you committed a federal crime. This affidavit will lay out the evidence justifying your arrest.

The standard for getting a federal arrest warrant is lower than the standard for convicting you at trial. There just needs to be a reasonable basis to believe you may have committed the crime. The affidavit doesn’t have to prove your guilt beyond a reasonable doubt.

If the federal judge agrees probable cause exists, they will issue a warrant for your arrest. This allows federal agents like the FBI, DEA, ATF, or other agencies to arrest you anywhere in the U.S.

Federal warrants have no expiration date. So once issued, the warrant remains active until you’re arrested, it’s dismissed by a judge, or the statute of limitations on the crime expires.

Being Arrested on a Federal Warrant

If there’s a federal warrant out for your arrest, federal agents can take you into custody anywhere in the country. Local police can also arrest you on a federal warrant.

After arresting you, the officers must bring you before a federal judge or magistrate “without unnecessary delay.” At your initial appearance, the judge will explain the charges against you and your rights.

The judge will also decide whether to release you pending trial or detain you. People arrested on federal warrants are rarely released pre-trial. Prosecutors often argue defendants pose a flight risk or danger to the community.

If you’re detained pre-trial, you’ll be held in federal custody, usually in a local federal detention center or county jail. You can then petition the court for release while fighting your case.

Fighting a Federal Arrest Warrant

If federal agents show up at your home or work with a warrant, you have the right to see the warrant before going with them. The warrant must have your name (or description), the federal law you allegedly violated, and a judge’s signature.

You should not try to evade or resist arrest. That will only lead to additional charges. But you can fight an improper or mistaken warrant by challenging it in court.

To contest the warrant, your federal criminal defense lawyer can file a motion to quash the warrant. This asks the judge to cancel the warrant for legal or factual deficiencies. For example, if the affidavit supporting the warrant relied on false information, the warrant may get thrown out.

Your lawyer may also be able to negotiate with the prosecutor to withdraw the warrant. If they agree the case against you is weak, they may agree to recall the warrant to avoid an embarrassing defeat in court.

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Getting a Federal Warrant Lifted

If you know there’s a federal warrant out for your arrest, you may be able to get the warrant lifted without being arrested. This typically requires negotiating a surrender through your attorney.

Your lawyer can contact the prosecutor to discuss the case. If you agree to voluntarily surrender, the prosecutor may ask the judge to vacate the warrant. This allows you to turn yourself in on your own terms.

However, the prosecutor is under no obligation to have the warrant lifted. If they believe you are a flight risk, they may want to arrest you as soon as possible.

You should never try to get a federal warrant lifted yourself. Hiring an experienced federal criminal defense attorney to assist you is essential.

Legal Scenario: What Would You Do?

Scenario

You receive a call from a family member saying two FBI agents came to your home with a federal arrest warrant while you were at work. They told your spouse they would return and that you should not leave the area.

Should I wait at home for the agents to come back, or do I have other options when there's a federal warrant out for my arrest?

Attorney's Answer

You should immediately contact a federal criminal defense attorney before doing anything else. Under Rule 4 of the Federal Rules of Criminal Procedure, a federal arrest warrant must be based on a complaint supported by probable cause and signed by a magistrate judge, and it authorizes any authorized officer to arrest you anywhere within the jurisdiction of the United States. Your attorney can arrange a voluntary surrender to the U.S. Marshals Service, which often results in more favorable treatment during your initial appearance and bail hearing under 18 U.S.C. § 3142. Fleeing or failing to appear would expose you to additional charges under 18 U.S.C. § 1073, so cooperating through counsel is always the smarter move.

This is general information only. Contact us for advice specific to your situation.

Living with an Outstanding Federal Warrant

If there is an active federal warrant for your arrest that you cannot get dismissed, you will essentially be a fugitive living on borrowed time. This is an extremely high-stress situation that will hang over every aspect of your life.

You will need to avoid any interaction with law enforcement at all costs. Even a minor traffic stop could lead to your arrest. Moving frequently, using aliases, and taking other steps to stay “off the grid” are common for federal fugitives.

However, you will never truly be safe or free. The warrant will not expire, and federal agents could track you down anytime. Living as a fugitive means constantly looking over your shoulder and cutting ties with friends and family.

The only true resolution is to consult with an attorney and determine the best way to face the warrant. While scary, coming forward voluntarily with professional legal help is far better than being caught off guard.

Key Elements of a Federal Arrest Warrant

A federal arrest warrant is a serious matter. This legal document, signed by a judge, authorizes federal law enforcement officers to deprive someone of their liberty and take them into custody. Understanding the key elements of federal arrest warrants can help make sense of these powerful tools.

What is a Federal Arrest Warrant?