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Todd Spodek (Managing Partner)

Mr. Spodek decided early on in his life to focus his education and experience on trial work. Todd Spodek attended Northeastern University in Boston, MA and majored in criminal justice. This background provided an indispensable tool in the representation of criminal defendants in grand jury investigations, pre-trial hearings, trial, appeals and navigating the corrections process.…

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Federal Arrest Process and Federal Arrest Warrants

The arrest process for any crime is generally similar, but the dynamics of what is happening and the gravity of the situation can differ greatly. You know it is a serious legal matter when the federal agents show up, even if they are just asking questions about what a suspect may or may not know about a criminal investigation. All police officers are zealous to some extent, but federal gents know they are only activated over truly pertinent criminal activity. Most minor legal problems are delegated to the state law enforcement officials unless there is an interstate component to the criminal associations. The mere fact that potential criminal activity is taking place across state lines is all it takes for the feds to get involved, and many times the information that is gleaned by both state and federal authorities is used in collaborative efforts. Regardless of the scenario, there is a definite chance of arrest when federal agents arrive because they more often than not have warrants in hand. And solid legal representation from an experienced federal criminal defense attorney will be necessary from the very beginning.

Arrest Protocol

There are specific steps for a proper federal arrest and defendant processing, and all federal law enforcement officers have been well-trained in protocol. However, they still may want to conduct an investigation beforehand if they are fishing for more information. Always be cautious when talking to a federal agent because they mean what they say about holding your own statements against you. The best personal decision may be to not answer any questions without first obtaining legal counsel if at all possible. Officers who already have a warrant will conduct an arrest according to protocol unless they think they have caught the suspect in the process of committing a crime or in possession of other potential evidence. It is always advisable to not say anything and go along without incident until an attorney can be retained. What happens in an arrest process can be vital to your case, and resisting arrest only complicates matters.

Booking Process

While federal enforcement officers can take a defendant to any federal holding facility, it is not absolutely necessary. Many times prisoners can be lodged in local facilities in the beginning. Those who are taken to a federal holding station will more than likely be seeing a judge in very short order to determine bond. Having a federal criminal defense attorney is important even during the booking process because pretrial services will already be discussing the release with a judge in most cases. Defendants are typically finger-printed during booking and read their rights at the time of arrest. Your criminal defense attorney will not only be helpful when bond is being determined, but they can ensure that all legal rights are enforced. Making bond can be a real problem in a federal case because the standards are typically much higher and judges tend to impose the most restrictive bond they can, especially when they think the defendant could be a flight risk. Significant property bonds are common, and “cash only” release bonds can be very difficult.

First Court Appearance

The quicker a defendant can appear for arraignment, the better the potential outcome for the most part. The nature of the crime determines this component of an arrest. Defendants are read their charges and the judge will again address the legal rights of the accused. Terms of bond can be discussed in the arraignment as well, and bond reductions can be applied in certain cases. Defendant behavior during the arrest procedure can impact the case along with the severity of the charges. Federal courts have standard bonds for most crimes, but the material case evidence being used for prosecution is important as well. From this point it is always best to let your criminal defense attorney handle all communication with the court, and do not give the court any kind of statement without proper legal consultation.

All federal defendants will always need solid legal counsel when they have been arrested by law enforcement officials. The same general rules apply at all court levels, but the seriousness is obviously higher with federal charges. Never attempt making the situation better by discussing the case with federal enforcement officers. Always contact an experienced and aggressive federal criminal defense attorney as soon as possible who can step in immediately and demand legal rights protections.

Federal Arrest Warrant

Criminal prosecutions in the United States can be started at both the state and federal level. Each state has their own statutes, penal codes, and criminal proceedings for different infractions. However, the federal government system remains the same throughout all fifty states. All federal criminal legislation is employed the same way in each state, regardless of whether it’s rural or densely populated, culturally religious or interested in technology. The United States has hundreds of different individual cultures spread throughout its geography, but the federal criminal justice system is the same no matter where you are.

There are a number of different ways that you may find a government entity or attorney showing interest in you. In fact, when you’re being approached by a government agent in response to a federal investigation, it’s generally because of any one of five circumstances. Of those five circumstances, an arrest warrant is the worst way to be approached.

An arrest warrant is, as the name implies, a warrant for your arrest. To secure an arrest warrant, the United States Attorney’s Office building the case against you must have gone to a federal judge to be given a warrant. This means that you can be arrested, charged, and brought through the prosecution process. If you’re arrested, you should immediately invoke your right to counsel. It’s imperative that you have your lawyer there as fast as possible. Your defense attorney is the only person throughout this process who will be working for your best interests. Law enforcement officials may use manipulation tactics to try to convince you that they care about your best interests, but they don’t.

Being arrested and charged in federal court isn’t necessarily the end of the world, especially if you have a skilled lawyer. But what should concern you is the number of steps that had to be taken to secure that federal arrest warrant.

Federal investigations are conducted by one or more federal law enforcement agencies. The most well-known is the FBI, but the IRS and Secret Service and other federal regulatory bodies are also capable of criminal investigations. When the agents believe they’ve gathered notable evidence of a crime, they’ll bring their findings to the United States Attorney’s office. The attorney’s office and the law enforcement entity will work together to investigate and formulate a case. It’s the same way that local police and the local District Attorney’s office will work together when conducting criminal investigations on a state level.

Depending on the circumstances, you might have had some warning about the investigation prior to the arrest warrant. A government agent might have approached you with questions. They may have been inquiring about your witness potential for a case they were putting together, discussing your potential as a person of interest in a current investigation, or informing you that you were the subject of a federal investigation. Subjects of investigations are required to be notified by law about the investigation before the case is taken further in court.

The fourth way that law enforcement may have approached you is to inform you that you are the official target of an investigation. Being a target is one of the worst possible outcomes, and it’s a sign that you should talk to your lawyer immediately. When a person is the target of an investigation, it means that the prosecution and law enforcement both believe that they are the perpetrator of serious criminal activity. A person is usually only considered a target if the law enforcement officials want to arrest them but don’t believe they have enough compelling evidence to make the charges stick.

The final tier is the arrest warrant. That’s what happens when you’ve gone from being the target of an investigation to being actively prosecuted. Arrest warrants will not be issued unless the prosecution has already created a case with compelling and devastating evidence against you. Typically, the evidence will be more than circumstantial facts and conjecture.

Not only is an arrest warrant only issued after the prosecution has created a serious case against you, but there’s an involved process to securing one. On the state level, arrest warrants can often be secured by presenting criminal evidence to a judge. But for a federal arrest warrant to be issued, the prosecution must have shown a federal judge or a grand jury enough evidence to convince them that you might well have committed the crime in question.

A federal arrest warrant doesn’t mean that you’ve been proven guilty. This is just the first step in the process. But it does mean that a judge or a jury of your peers has seen enough evidence to believe that you had cause and motive to commit the crime in question. If you’ve been arrested for a federal criminal prosecution, wheels are already in motion. You need your federal defense attorney to protect you.

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