What happens when FBI arrests you?

What Happens When the FBI Arrests You?

Being arrested by the Federal Bureau of Investigation (FBI) marks the start of a complex criminal justice process in the federal system. The FBI has authority to make arrests for any federal crime committed in their presence or with probable cause.

If you find yourself placed under arrest by the FBI, here is an overview of the typical procedures and protocols that will occur as your case enters the federal law enforcement system.

You Will Be Handcuffed and Searched

The arresting FBI agents will restrain you with handcuffs and conduct a search of your person and immediate vicinity. This protects agent safety and prevents destruction of evidence.

Agents Will Seize Your Belongings

FBI agents will confiscate any items on your person or nearby vicinity that could contain evidence related to the federal charges. This may include electronic devices, documents, weapons, etc.

You Will Be Photographed and Fingerprinted

At FBI headquarters or a local field office, agents will take your photograph and fingerprints as part of processing you into the federal criminal justice system database.

You May Be Interrogated

FBI agents may attempt to interrogate you to obtain a confession or collect additional evidence. However, you have a constitutional right to remain silent and should NOT answer any questions without a lawyer present.

You Will Be Held Until Initial Court Appearance

After processing, you will be held in federal detention until your initial appearance in court before a judge, which must occur promptly after arrest.

You Will Appear Before a Magistrate Judge

At your initial appearance, a magistrate judge will formally notify you of the federal charges filed against you based on the criminal complaint and affidavit submitted by the FBI.

You Will Be Appointed Counsel If Needed

If you cannot afford a lawyer, the court will appoint counsel to represent you through the federal public defender’s office or panel attorneys.

Bail Will Be Set or Denied

The magistrate judge will decide whether to grant bail allowing pretrial release or order you detained pending trial based on flight risk and public safety factors.

There Will Be a Preliminary Hearing or Grand Jury

Within 14 days, a preliminary hearing must establish probable cause. Alternatively, prosecutors can obtain an indictment from a federal grand jury instead.

Your Lawyer Will Advise Your Defense

A skilled federal criminal defense lawyer can provide invaluable assistance negotiating with prosecutors, seeking pretrial release, and preparing your legal defense strategy.

Conclusion

Arrest by the FBI sets off a complex legal process with high stakes. Having a knowledgeable federal defense lawyer is crucial to protecting your rights and interests at every stage.

Your Miranda Rights

When arrested, you have important constitutional rights under Miranda vs. Arizona^[1]:

• Right to remain silent – You do not have to answer any FBI questions.
• Right to an attorney – You have the right to have a lawyer present during questioning.
• Right to free counsel – If you cannot afford an attorney, one will be appointed.
• Right to stop questioning – You can invoke your rights at any time.

Exercising these rights is critical to protecting yourself when dealing with the FBI.

Getting Out on Bail

Your defense lawyer can argue for pretrial release by^[2]:

• Filing a bail motion outlining legal and factual grounds for release.
• Proposing conditions like electronic monitoring, travel restrictions, etc.
• Appealing a detention order.

However, federal judges can still order detention based on flight risk or dangerousness.

Plea Bargaining Strategies

Your lawyer may negotiate a plea deal with favorable terms like^[3]:

• Reduced charges.
• Sentencing recommendations.
• Dismissal of additional charges.

Cooperation can help, but is not guaranteed to reduce prison time.

Preparing Your Best Defense

If no plea agreement is reached, your lawyer will fully prepare for trial by^[4]:

• Seeking suppression of illegally obtained evidence.
• Interviewing witnesses.
• Researching potential defenses.
• Filing motions challenging the charges.

Meticulous trial preparation provides the best chance of acquittal.