At Chambers Law Firm we have helped people charged with federal crimes fight back against their charges. The best way to get answers to questions you have about the process of arrest and arraignment is to contact us at 714-760-4088 for a consultation. In the meantime, you can keep reading to get answers to some of the most common questions we are asked.
What does it mean to be federally arraigned?
You will appear before a magistrate judge to be arraigned on the official charges when the prosecution files an indictment against you. If someone is arrested after an indictment is filed, they may have their initial appearance and arraignment on the same day.
A declaration of your constitutional rights will be read to you, and you will be asked to sign it. A declaration of your constitutional rights will also be read by the magistrate judge. The magistrate judge will inquire as to whether you comprehend what the prosecutor believes you did.
You’ll be asked to enter a plea to the charges after that. You will usually submit a not guilty plea during your arraignment unless you have previously worked out a settlement with the prosecution before your arraignment. Your case will then be allocated to a district judge at random by a computer, who will rule over the remainder of your case. Some judges like to handle arraignments personally, so if you’re assigned to one of them, the arraignment will be handled by him or her.
What happens when I’m arrested for a federal crime?
Agents will take you to court before a magistrate judge shortly after your arrest. A complaint with an affidavit summarizing the facts against you, or an indictment delivered by a grand jury, will contain the allegations against you. The magistrate judge will go through your rights with you and make sure you understand what the prosecution is accusing you of.
What do I do if I have a federal warrant out for my arrest?
If you are aware that you are the subject of an outstanding federal warrant, you should promptly surrender to the nearest United States Marshal. Contact a federal defense attorney before doing so. If you refuse to surrender, you may face negative repercussions in your case, including further criminal accusations.
What happens if I am arrested in one place but charged in a different federal district?
It is the Marshal’s responsibility to transfer you to the prosecuting jurisdiction if you are in custody. You must travel to the original jurisdiction personally if you are out on bail. The magistrate judge can utilize a statute to order the marshal to pay for your transportation; however, the marshals usually only pay for one-way travel. This is something you should address with your lawyer.
If you have further questions, or believe that you are facing federal charges, contact Chambers Law Firm at 714-760-4088 for a legal consultation.
