My Son Was Arrested by the DEA: A Parent's Guide.

Parents can play an important role in supporting an adult son’s federal defense during the first few hours following a DEA arrest. Initially, this role primarily involves helping to gather relevant information and materials that his defense team will need for his representation. Relevant materials include:

• Transportation (i.e., making arrangements to transport his defense team or transportation home if he is released)
• Medical records, school records, and other relevant documentation
• Mental health treatment, rehabilitation treatment, or substance abuse treatment information
• Employment history and related records as applicable

As his defense team works to assess the facts at hand and identify potential defenses, parents can assist by encouraging their son to rely on his defense attorney to provide a straight answer. They can also encourage their son to truthfully disclose all information to the attorney, even if the information appears to be damaging. Importantly, while parents can assist their son’s defense by encouraging a relationship of trust and cooperation with the attorney, parents must be careful not to interfere with the attorney-client relationship. Adult defendants need to speak directly with their defense counsel, and parents must not attempt to intervene in discussions, advice, or representation.

Finally, once a DEA investigation leads to an arrest, it is imperative that family members avoid posting information about the case on social media. While you may be eager to share your son’s story and defend his innocence online, there is a substantial risk of inadvertently making a public social-media post that the government then uses as evidence in the criminal case. Even if you think what you have to say is helpful, you do not want to risk doing your son’s defense team’s hard work, and you certainly do not want to provide additional evidence for the federal government to use against your son.

How Do Federal First Appearances and Detention Hearings Differ from State Bail?

Upon arrest and booking, arrested federal defendants will be brought before a magistrate judge for their initial proceedings. This proceeding includes discussions regarding the charges they face, the defendant’s understanding of his federal rights, his need for counsel (if unrepresented), and the issue of pretrial detention. Following the initial proceedings, Pretrial Services will typically interview the defendant and may prepare information about the defendant that the judge will need to make an informed decision about releasing him pretrial.

If the federal prosecutor has a basis to request the defendant’s pretrial detention, he or she may request a detention hearing during the initial proceeding or the next available court date. In seeking pretrial detention, federal prosecutors typically focus on the risk that the defendant will present a danger to the community or that he will pose a flight risk. If the defendant is detained at this point, the defendant has the right to request a review of this detention by a district judge. A hearing for this review may take some time to schedule, and, if the defendant is currently detained, may lead to additional time of pretrial detention. While this is true of most federal criminal cases, it is not always true for DEA investigations as well. If you have questions regarding the risks and protections that apply in your son’s DEA case, we encourage you to contact a DEA defense attorney at Spodek Law Group as soon as possible.

Who May Be privy to the Case Details?

At this point, most parents who have a son arrested under DEA’s oversight will have questions about the scope of their involvement in the case. When facing a DEA arrest, what parents should know is that the criminal defense lawyer’s client is the adult son, not the parent. If a parent or family member pays the defense attorney’s fees, this does not mean the family member is the client or has any control over the lawyer’s strategy or representation.

Even when a family member pays the legal fees in a criminal case, attorney-client confidentiality generally belongs exclusively to the defendant, and the attorney’s duty of confidentiality applies to the defendant as well. While the legal fees may come from the parent’s pockets, the parent is still not the client, and the lawyer may need the adult defendant’s permission before discussing case details.

How Can Parents Play a Role in Your Son’s DEA Defense Without Interfering?

As explained above, while you will likely play a supporting role, you should avoid attempting to dictate the course of your son’s DEA defense. This means avoiding attempts to rewrite the facts into some sort of more favorable “family narrative.” While you may be concerned and want the best outcome for your son, you must understand that his attorney will be working based on the facts presented by the government and what your son discloses. Your son’s defense attorney is aware of the risks and protections involved with DEA cases, and will make informed decisions about what needs to be shared or highlighted.

While you may feel the need to take a lead role in your son’s DEA defense, it is also important to realize that your son’s attorney is relying on legal grounds and a factual assessment of the circumstances to build a strong federal criminal defense strategy.

Todd Spodek cross-examined Alec Baldwin at the 2013 stalking trial in Manhattan.

What Will It Cost to Assist with Federal Bail?

If the federal court approves federal release, the government may ask that your son be subject to various restrictions in addition to any financial obligations. Some examples of these release conditions include:

• Travel restrictions in order to minimize risk of fleeing the United States or state
• Frequent drug or alcohol testing to ensure no more illegal substances were used
• Mental health treatment, rehabilitation treatment, or substance abuse treatment
• Strict communication restrictions which prohibits contact with alleged victims, any governmental witnesses, or other similar restrictions
• Use of a secure GPS-monitoring device
• Surrendering passport, if any, to the court as part of his federal release

Along with these conditions, federal bail can take a personal surety bond or corporate surety bond. A personal surety bond involves signing a guarantee to the U.S. government of the defendant’s financial or asset commitments in the event of a flight risk. Parents often act as personal sureties. This means that the parents who sign the bond will be personally liable to the federal government for the full amount if the defendant flees. This makes it imperative to speak with an experienced federal criminal defense attorney before signing anything presented to the court or the federal prosecution team.

A corporate surety bond is one possible form of federal release bond; a defendant who uses a bail bond company must work with that company to obtain the bond. Bail bonds companies typically charge nonrefundable premiums, often with additional collateral or additional bonds needed. Most attorneys will need to communicate directly with the bail bond company about securing a release bond, which can affect families who cannot afford the costs of securing such bonds. While the costs of bail can be substantial, this is one more reason that working closely with the defense attorney in order to make a good and persuasive case for the defendant’s release is paramount.

What Evidence Can Be Used to Support a Petition for Compassionate Release After a Federal Sentence?

Compassionate release may be sought in certain circumstances for federal prisoners following a conviction and sentence. These requests arise under 18 U.S.C. § 3582(c)(1)(A), the federal statutory provision that governs requests for a compassionate release. To secure a compassionate release, extraordinary and compelling reasons must be shown to the federal court, and if granted, such release must be granted in the interest of justice.

The specific evidence required for a federal court to grant a compassionate release is not provided. Federal courts make decisions on a case-by-case basis and examine various types of evidence including evidence demonstrating medical needs, age, family circumstances, and other factors that might be sufficient to qualify as extraordinary and compelling reasons. A defendant’s prior history of substance abuse, history of mental health struggles, and family connections may play a role in demonstrating these reasons as well.

As with all matters of federal criminal law, these requests are governed by the rules and procedures applicable under the criminal justice system. The federal criminal procedure is governed by statutes, rules, and controlling case law. This includes the 18 U.S.C. and related regulations, the Federal Rules of Criminal Procedure (FRCrim P.), the Federal Sentencing Guidelines, and the controlling case law of the appellate courts and the United States Supreme Court. When we represent someone facing a federal criminal case, including charges such as DEA drug conspiracy and other federal drug crimes, we rely on our extensive experience to develop the best defense possible.

Talk It Through With a Lawyer

Every case turns on its own facts. Todd Spodek is the managing partner of Spodek Law Group, a second generation firm his father opened in 1976, and the firm takes federal criminal and white collar matters nationwide. Call 888 348 8028 to talk it through.