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What should I do if I find out there is a federal warrant for my arrest?
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- 1 What Should I Do If I Find Out There is a Federal Warrant For My Arrest?
What Should I Do If I Find Out There is a Federal Warrant For My Arrest?
What is a Federal Arrest Warrant?
A federal arrest warrant is a court order issued by a federal judge or magistrate authorizing law enforcement to arrest you and bring you into custody. There has to be probable cause – meaning reasonable evidence – that you committed a federal crime before a warrant can be issued. So a warrant means the government has some proof, but not necessarily enough yet to convict you beyond a reasonable doubt at trial.
Federal warrants are requested by federal prosecutors, like Assistant U.S. Attorneys, and brought before federal magistrate judges. If the judge agrees there’s probable cause based on the complaint, they will approve the warrant. Then federal agents like the FBI, DEA, ATF or other agencies can arrest you anywhere in the U.S.
Some key things to know about federal warrants:
- They are issued for felonies – serious crimes with over 1 year potential prison time
- There are 94 federal judicial districts – your local U.S. Attorney’s Office handles cases
- Prosecutors don’t need your side yet – warrants can be one-sided
- Judges usually approve them if there’s some evidence of a federal crime
Bottom line – a federal warrant means they have enough evidence to start pursuing charges against you. But it’s not over yet – there are still ways to fight the case.
What Are Your Legal Options Once There is a Warrant?
The first thing is DON’T panic. I know it’s scary, but take a deep breath. There are still legal defenses and options to challenge the charges. Here are some of the main ways to respond:
Turn Yourself In
Once you find out about the warrant, you may want to turn yourself into the nearest FBI or U.S. Marshals office. Voluntarily surrendering looks better than being forcibly arrested later on. If you have a lawyer, they can arrange your peaceful surrender. You’ll be booked and have to go through processing, fingerprinting, etc. Then you’ll go before a judge for a bail hearing.
Fight the Charges
After your arrest, you’ll be indicted and arraigned to face formal federal charges. This starts the pre-trial process where you can challenge the government’s evidence and legal theories. Your defense lawyer will file motions to get evidence suppressed or charges dismissed if there are legal issues with the warrant or investigation. You can also take the case to trial and force the government to prove the charges beyond a reasonable doubt.
Negotiate a Plea Deal
Many federal cases end in plea bargains, which are negotiated settlements. This involves pleading guilty in return for lesser charges or a lighter sentence. Prosecutors may be open to a deal to avoid a lengthy trial. But you’ll need an experienced federal defense lawyer to get the best deal possible.
Cooperate as a Witness
If you have information about crimes by higher-level people, prosecutors may give you a cooperation agreement in return for your testimony. This involves agreeing to provide substantial assistance in their investigation. It’s very complex so get advice from a lawyer familiar with federal cooperation deals.
Bottom line – DO NOT give up hope just because there is a warrant. There are still avenues to challenge the charges and negotiate the best outcome.
Practical Tips on What to Do Next
Here are some practical suggestions on steps to take after finding out about a federal warrant:
- Don’t run – fleeing makes you look very guilty
- Don’t talk to police – invoke your right to an attorney
- Hire a lawyer – federal cases require experienced counsel
- Get your finances in order – federal cases can be expensive
- Notify family – let loved ones know what’s happening
- Gather evidence – documents, records, receipts to help your case
- Follow pre-trial rules – avoid new crimes or travel issues
- Take care of yourself – get sleep, eat healthy, lower stress
Having a federal warrant is scary but manageable if you take the right steps. The key is staying calm, hiring an excellent lawyer, and developing a proactive legal strategy. With the right approach, you can get through this difficult situation.
If you have any other questions or need help finding a federal defense lawyer, feel free to email us or call our legal helpline at 555-123-4567. We’re here to help 24/7!
Key Laws and Precedents on Federal Warrants
Here are some of the main laws and court cases that govern federal arrest warrants:
- 4th Amendment – prohibits unreasonable searches and seizures
- Federal Rules of Criminal Procedure Rule 4 – rules on arrest warrant procedures
- Giordenello v. United States – warrant must state probable cause
- Franks v. Delaware – you can challenge warrants based on false info
- Bail Reform Act of 1984 – governs federal pre-trial release and detention
These sources give you constitutional protections against improper warrants. They also let you fight bad warrants through suppression motions. An experienced lawyer can use these laws to challenge your arrest and the warrant.
Potential Defenses to Fight the Warrant
Here are some potential legal defenses if you believe the warrant was improper or invalid:
- No probable cause – the evidence didn’t establish probable cause
- Stale information – the info was too old to justify the warrant
- False information – agents gave false info to get the warrant
- Technical errors – paperwork mistakes make the warrant invalid
- Illegal search/seizure – your 4th Amendment rights were violated
An experienced federal defense lawyer can review the warrant and investigation details to identify any possible defenses. This could lead to getting evidence suppressed or charges dismissed.
References
[1] Arrest Warrant Form – U.S. Courts
[2] Federal Arrest Warrant: What It Means & Your Next Steps – NY Lawyers
[3] Criminal Procedures – U.S. Department of Justice