The United States Constitution guarantees citizens protection from warrantless searches, seizures, and arrests in all but extreme circumstances. If a federal agent wants to make an arrest, he or she must request that a federal judge issue an arrest warrant based on sufficient evidence that the alleged crime was committed. This is called probable cause.
Although an arrest warrant may shock you, it means the federal government has been preparing a case against you for some time. Do not speak to the police. Immediately invoke your constitutional right to an attorney and contact New York federal criminal defense lawyer Peter Katz now.
Step 1: Processing and Questioning – Remain Silent!
There’s a reason your Miranda Rights inform you that anything you say can and will be used against you in a court of law. If you’ve been arrested by federal agents – including the FBI, ICE, DEA, or Homeland Security – they already believe you’ve committed the offense. You’ll be taken for processing and attempted questioning, but nothing you can say at this stage will change their perception. These agents are not on your side. Do not believe them if they claim they can help you. Invoke your right to remain silent and only speak to law enforcement with your attorney present.
Step 2: Bail Hearing and Attorney Request
Federal agents must inform you of your right to retain counsel. Immediately invoke this right and clearly state you would like an attorney. You should hire an experienced federal criminal defense lawyer, such as Peter Katz, at this time. While federal public defenders are talented and compassionate lawyers, they have heavy caseloads and cannot often dedicate sufficient time to each client.
You will then be taken before a New York federal district or magistrate judge for a bail hearing. The judge will determine if you’re eligible for bail and, if so, set the bail amount. Whether you’ll be released at this stage depends on numerous factors, including the nature of the offense and any criminal history. The defense counsel will argue for your release during this hearing, including manageable bail.
Step 3: Legal Consultation and Plea Bargaining
Most non-violent offenders are released following the bail hearing, as you are presumed innocent until you’re proven guilty beyond a reasonable doubt. At this stage, your experienced criminal defense lawyer will invoke your rights under the Sixth Amendment, including your right to:
- Have an attorney present at all hearings and during questioning
- A speedy and public trial
- Use court authority to compel witnesses to testify and produce evidence
- Fully understand and be informed of all the charges against you
- Confront all witnesses against you
- Impanel a jury of your peers in the state and district where the alleged crime took place
A dedicated lawyer will always thoroughly review and, if necessary, challenge the warrant and arrest. He should also begin requesting evidence to build your defense. With strong evidence, an experienced former prosecutor such as Peter Katz can convince U.S. attorneys to drop or reduce the charges against you. He can also negotiate a favorable plea deal if that’s the best option in your case.
Retain a Federal Arrest Warrant Lawyer in New York Immediately
Federal arrest warrants are not granted arbitrarily. If you’ve been arrested and charged with a federal offense, you need an experienced federal criminal defense lawyer Peter Katz. Remain silent and contact his NY office today at (609) 849-3179 or by filling out our online contact form to schedule a confidential consultation.