Federal Arrest Warrants – What You Need to Know
What is a Federal Arrest Warrant?
A federal arrest warrant is a court order authorizing law enforcement to arrest someone for a federal crime. Federal warrants are issued by federal judges or magistrates when there is probable cause to believe someone committed a federal offense.
Some examples of federal crimes include:
- Drug crimes
- White collar crimes like fraud or embezzlement
- Federal gun crimes
- Human trafficking
- Child pornography
- Cybercrimes
- Federal tax crimes
So if you’re suspected of one of these offenses, federal agents can get a warrant for your arrest from a federal judge.
How Federal Arrest Warrants Are Issued
For a federal judge to issue an arrest warrant, a federal prosecutor must provide an affidavit showing probable cause that you committed a federal crime. This affidavit will lay out the evidence justifying your arrest.
The standard for getting a federal arrest warrant is lower than the standard for convicting you at trial. There just needs to be a reasonable basis to believe you may have committed the crime. The affidavit doesn’t have to prove your guilt beyond a reasonable doubt.
If the federal judge agrees probable cause exists, they will issue a warrant for your arrest. This allows federal agents like the FBI, DEA, ATF, or other agencies to arrest you anywhere in the U.S.
Federal warrants have no expiration date. So once issued, the warrant remains active until you’re arrested, it’s dismissed by a judge, or the statute of limitations on the crime expires.
Being Arrested on a Federal Warrant
If there’s a federal warrant out for your arrest, federal agents can take you into custody anywhere in the country. Local police can also arrest you on a federal warrant.
After arresting you, the officers must bring you before a federal judge or magistrate “without unnecessary delay.” At your initial appearance, the judge will explain the charges against you and your rights.
The judge will also decide whether to release you pending trial or detain you. People arrested on federal warrants are rarely released pre-trial. Prosecutors often argue defendants pose a flight risk or danger to the community.
If you’re detained pre-trial, you’ll be held in federal custody, usually in a local federal detention center or county jail. You can then petition the court for release while fighting your case.
Fighting a Federal Arrest Warrant
If federal agents show up at your home or work with a warrant, you have the right to see the warrant before going with them. The warrant must have your name (or description), the federal law you allegedly violated, and a judge’s signature.
You should not try to evade or resist arrest. That will only lead to additional charges. But you can fight an improper or mistaken warrant by challenging it in court.
To contest the warrant, your federal criminal defense lawyer can file a motion to quash the warrant. This asks the judge to cancel the warrant for legal or factual deficiencies. For example, if the affidavit supporting the warrant relied on false information, the warrant may get thrown out.
Your lawyer may also be able to negotiate with the prosecutor to withdraw the warrant. If they agree the case against you is weak, they may agree to recall the warrant to avoid an embarrassing defeat in court.
Getting a Federal Warrant Lifted
If you know there’s a federal warrant out for your arrest, you may be able to get the warrant lifted without being arrested. This typically requires negotiating a surrender through your attorney.
Your lawyer can contact the prosecutor to discuss the case. If you agree to voluntarily surrender, the prosecutor may ask the judge to vacate the warrant. This allows you to turn yourself in on your own terms.
However, the prosecutor is under no obligation to have the warrant lifted. If they believe you are a flight risk, they may want to arrest you as soon as possible.
You should never try to get a federal warrant lifted yourself. Hiring an experienced federal criminal defense attorney to assist you is essential.
Living with an Outstanding Federal Warrant
If there is an active federal warrant for your arrest that you cannot get dismissed, you will essentially be a fugitive living on borrowed time. This is an extremely high-stress situation that will hang over every aspect of your life.
You will need to avoid any interaction with law enforcement at all costs. Even a minor traffic stop could lead to your arrest. Moving frequently, using aliases, and taking other steps to stay “off the grid” are common for federal fugitives.
However, you will never truly be safe or free. The warrant will not expire, and federal agents could track you down anytime. Living as a fugitive means constantly looking over your shoulder and cutting ties with friends and family.
The only true resolution is to consult with an attorney and determine the best way to face the warrant. While scary, coming forward voluntarily with professional legal help is far better than being caught off guard.
Consult an Experienced Federal Criminal Defense Lawyer
Dealing with a federal arrest warrant is extremely serious. The federal system offers few leniencies for defendants facing severe charges.
If you have a federal warrant against you, or know one may be forthcoming, speak to a federal criminal defense lawyer right away. An experienced attorney can devise the best strategy to protect your rights and future.
With expert guidance, you can get inaccurate warrants challenged or properly prepare to turn yourself in on valid warrants. Your lawyer may also be able to negotiate with prosecutors for reduced charges or bail.
Don’t wait until the feds show up at your door. Be proactive and consult a federal criminal defense attorney as soon as possible. An outstanding federal warrant will not resolve itself. Take control of the situation with strong legal representation.
[1] https://www.spititouttexas.org/federal-warrants/ [2] https://www.law.cornell.edu/rules/frcrmp/rule_4 [3] https://statutes.capitol.texas.gov/Docs/CR/htm/CR.18.htm [4] https://statutes.capitol.texas.gov/Docs/CR/htm/CR.15.htm [5] https://www.law.cornell.edu/rules/frcrmp/rule_9