What to do first
- Find out who arrested them. An arrest by a federal agency such as the FBI or DEA usually points to a federal case. An arrest by local police or a sheriff usually points to a state case.
- Find out where they are. The person may be held in a local jail at first, even in a federal case.
- Protect their rights. Do not ask about the facts of the case on the phone, by text or in a visit.
- Call a lawyer. The first court appearance can come quickly after an arrest, and decisions about release are made there.
Finding someone in federal custody
After a federal arrest, the person is brought before a U.S. magistrate judge or district judge for an initial appearance. The court decides whether the person is released on bond or remanded to the custody of the U.S. Marshals Service to await trial. The Marshals hold federal prisoners in state and local jails, private facilities and Bureau of Prisons facilities.
The Bureau of Prisons inmate locator covers federal inmates from 1982 to the present. You can search by name or by a BOP register number. A listing of “Not in BOP Custody” does not always mean the person is free; they may be held by another agency.
Jail calls and messages are not private
Assume every jail call, video visit and message can be recorded and reviewed. In Bureau of Prisons facilities, federal regulations require procedures for monitoring inmate calls and notice to inmates that calls may be monitored. A properly placed call to a lawyer is the exception.
Prosecutors can use what a person says on a recorded call. Keep conversations to family matters and let the lawyer discuss the case.
Talk about family on jail calls, not the case.
The detention hearing
In many federal cases, the government asks the court to hold the person until trial. The detention hearing is generally held at the first appearance unless one side asks for more time. A continuance requested by the defense is generally no more than five days, and one requested by the government no more than three, not counting weekends and holidays.
The judge considers the charge, the weight of the evidence, the person’s history and characteristics, and any danger to others. Family ties, employment, length of residence and community ties are all part of that review, which is where families often help.
What to have ready when you call
- Basic details. The person’s full name, date of birth and where they are being held, if known.
- The arresting agency. Federal or local, and any case or booking number.
- Ties to the community. Work, family, how long they have lived in South Florida and any property.
- Your contact information. How the firm can reach you quickly.
Please do not send documents or a detailed account of the case in your first message.
How Kaufman Legal Group can help
Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He works with Phil Horowitz, who has practiced criminal defense since 1985, and Victor E. Rocha, who was admitted to The Florida Bar in 1983 and speaks Spanish. Together they have more than 100 years of combined experience.
Victor E. Rocha speaks Spanish, which helps many families talk through the case. The first consultation is free and confidential. Call (954) 648-8965.