Arrest And Detention

Comparing Federal And State Arrest Procedures

Both federal and state arrest procedures adhere to general constitutional principles. There are marginal differences in some areas, such as the title for prosecutors and detention facilities. Federal prosecutors, known as Assistant United States Attorneys, handle federal cases and try them in Federal Court. In contrast, state prosecutors, known as Deputy District Attorneys, handle state cases in State Court.

People arrested by federal officers are usually detained in federal detention centers or facilities contracted or controlled and managed by federal agencies. Those arrested by state or local officers are held in county jails.

These minor differences aside, federal and state arrests differ significantly in jurisdiction, authority, and specific practices.

Jurisdiction

Federal arrests are carried out by federal law enforcement officers such as FBI agents, DEA agents, Homeland Security, and U.S. Marshals. These officers make arrests for violations of federal law, typically involving crimes that cross state lines, occur on federal property, or are specified in federal statutes. In contrast, state arrests are conducted by local police officers enforcing state laws within their state boundaries, dealing with crimes like theft, assault, and traffic violations.

Authority

Federal officers have nationwide authority but generally operate within specific jurisdictions or cases assigned by federal agencies. They require federal warrants issued by federal judges or magistrates. State officers, on the other hand, have authority within their specific state or locality, executing warrants issued by state judges.

Procedure

When it comes to warrants, both federal and state arrests typically require a warrant based on probable cause. Federal warrants are issued by federal judges, while state warrants are issued by state judges. After a federal arrest, the suspect must be brought before a federal magistrate judge without unnecessary delay, usually within 48 hours. State procedures vary, but suspects typically appear before a state judge or magistrate within a similar timeframe, often slightly longer.

The Federal Arrest Process In California

Following a federal arrest in California, the process typically unfolds as follows. Throughout this entire process, you have the right to legal representation and may then be assigned to a federal public defender or you can hire a private federal defense attorney to represent you. The quality of the representation that you choose is key to navigating your federal case successfully and ensuring that your rights are protected at every stage of the process.

Arrest And Booking

Arrest is the first step in the process of being taken into federal custody by federal law enforcement officers. Once this has happened, the arrestee is transported to a federal detention facility and be booked, which includes fingerprinting, photographing, and recording of other personal information.

Initial Appearance

Next, you’ll be brought before a federal magistrate judge without unnecessary delay—usually within 48 hours. Weekends and holidays can sometimes extend this period slightly. Promptly appearing before a judge is mandated by the Federal Rules of Criminal Procedure and the U.S. Constitution to ensure Due Process. At this hearing, the judge will inform you of the charges against you and your rights and potentially set conditions for release or order detention pending trial.

Detention Hearing

If the prosecution requests detention, a detention hearing is held to determine whether you should be held in custody or released on bail. Factors that weigh into this decision include the severity of the offense, your criminal history, and the risk of flight you pose.

Preliminary Hearing or Grand Jury

Within 14 days if detained, or 21 days if not detained, a preliminary hearing can be held to establish probable cause that you committed the crime. Alternatively, the federal prosecutor can present the case to a grand jury, which decides whether to issue an Indictment.

Arraignment

If an Indictment is issued or a federal criminal Complaint, you will be arraigned on the Indictment or Complaint. During the Arraignment hearing, you will be asked to enter a plea of guilty, not guilty, or no contest, and the court will then address bail conditions or continued detention.

Pretrial Motions and Discovery

It is at this point that the defense and prosecution begin to engage in Discovery, which is a process where evidence in the case is exchanged. This evidence is then shown to you by your lawyer to discuss the strengths and weaknesses of the case. Pretrial motions may be filed, including requests to suppress evidence, dismiss charges, or compel certain actions.

Plea Bargaining

The defense and prosecution may negotiate a plea deal to avoid a trial and the extremely severe consequences that one could be facing if convicted at trial. If a plea agreement is reached, you’ll have a Change of Plea Hearing and enter a guilty or no contest plea in exchange for a reduced sentence or something else under certain terms and conditions.

Donald J. Matson, an accomplished attorney at the Law Offices of Donald J. Matson, a PC in California, specializes in federal and state criminal defense. He has decades of experience navigating complex arrest procedures and defending clients against serious charges to draw upon as your guide through the intricacies of the legal system. His comprehensive understanding of both federal and state laws ensures that you’ll receive the highest level of legal representation possible.

Ready to protect your rights and achieve the best possible outcome? Contact the Law Offices of Donald J. Matson, a PC today to schedule your initial consultation.

Trial

If plea bargaining fails, your case will proceed to trial. The prosecution presents its case first, followed by the defense. At the conclusion of the defense case, the prosecution may choose to present a Rebuttal Case where they attempt to refute any claims or evidence presented by the defense. A judge or jury then evaluates the evidence, and renders a verdict.

Sentencing

If found guilty, the judge imposes a sentence based on the Federal Sentencing Guidelines, the nature of the crime, and other relevant factors, including any prior convictions in state or federal court. Sentences can include imprisonment, fines, probation, deportation, or a combination of those things.

Appeals Process

You have the right to appeal the conviction or sentence, which you can exercise at this point in the process. Appeals are heard by a federal appellate court, which reviews the trial court’s proceedings for legal errors. The result of a successful appeal can get you a new trial, or invalidate the guilty verdict entirely.

Post-Conviction Relief

After Sentencing, you will begin serving your Sentence and may pursue post-conviction relief options, such as motions to vacate, set aside the conviction, or correct the sentence.

Communicating With an Attorney While Criminal Charges are Pending

Following the guidelines I’ve compiled below will help you maintain a strong Attorney-Client relationship and increase the likelihood of a favorable outcome in your case. Effective communication is key to building trust and ensuring that your defense is as robust as possible.

Aim For Confidentiality

Always communicate in a confidential setting. Avoid discussing your case in public places, over unsecured phone lines, or via email or text without ensuring that the communication is secure.

Be Honest

Be completely honest with your attorney. Your attorney needs all the facts, including those that might seem to work against your case, and even those that you don’t think are relevant. Complete transparency allows your attorney to prepare the best defense possible.

Document Everything

Keep as much of a detailed notes of all communications with your attorney, including dates, times, and key points discussed, as you can. Doing so will help you reference them later and ensure nothing critical is forgotten and neglected.

Prepare Thoroughly

Before meetings, prepare a list of questions or topics you want to cover. Bring any relevant documents or evidence that you think your attorney might need, and anything your attorney has asked you to bring.

Strive For Clarity

Be clear and concise in all of your communications. Stick to the facts and avoid unnecessary details unless they are directly relevant to the case. Your attorney will help guide you in this regard.

Follow Your Attorney’s Advice

Pay close attention to your attorney’s advice and instructions. If you don’t understand something or have doubts, ask for clarification. Always follow your attorney’s advice to ensure the best possible outcome.

Be Available

Make sure you are reachable by your attorney. Provide multiple contact methods if necessary, and return any missed communications promptly. Attorneys often work on cases at odd times of the day or night, so being accessible is crucial.

Respect Boundaries

Respect your attorney’s time and boundaries. They might be handling multiple cases and may not respond instantly, but a good attorney will respond within a reasonable period. Be patient and understanding as necessary.

Understand Your Legal Strategy

Ensure you understand the legal strategy. Discuss possible outcomes and ask questions about the steps your attorney will take on your behalf. Being informed about the strategy helps you stay engaged in your defense.

Get Regular Updates

Regular updates about the status of your case are important. They help you stay informed and reduce anxiety about the process. Ask your attorney how often you can expect updates, and make sure to stay in the loop.

For more information on Arrest And Detention, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 600-3437 today.