When someone is charged with a criminal offense in federal court, they can be arrested anywhere in the United States. While the allegations will be adjudicated in the “charging district”, the issue of whether or not someone is released or detained is something that is typically dealt with wherever the person is arrested.
In what are commonly known as “Rule 5” proceedings, the federal court will address several important issues.
Initial Appearance
Everyone arrested for a federal criminal offense will have an initial appearance at which a federal judge (usually a Magistrate) will advise them of the charges that they are facing as well as their constitutional rights. If someone cannot afford a criminal defense attorney, this is typically when counsel is appointed.
Also at the initial appearance, the prosecution will advise the court as to whether it is seeking detention – that is, whether or not they want the person to remain in jail or if they are ok with their being released.
Certain cases are known as “presumption” cases. This is most common in serious drug cases such as conspiracy to distribute charges where someone is facing a mandatory minimum sentence or crimes of violence. There is a “presumption” that someone should be held in custody. This almost always results in the Court conducting a Detention Hearing (discussed below).
Identity Hearing
In short, this is just to make sure that the person who has been arrested is the same person that is the subject of the federal criminal charges filed outside of Arizona in the charging district.
Detention Hearing
This is arguably the most important step when someone has been arrested for criminal charges outside of Arizona. At a Detention Hearing, the Court will evaluate information (delineated by statute) to determine if the presumption of detention can be rebutted or overcome, and also whether or not there are conditions, or a combination of conditions, that will assure the persons appearance at future court dates and also protect the community.
While in some cases it’s best to not litigate the issue of detention in Arizona and wait until the person is extradited to the charging district (known as reserving the issue of detention), the vast majority of the time detention hearings are held in Arizona when someone has been arrested for federal criminal charges in another state.
There are occasions, however, that even if an Arizona judge orders someone released, the prosecution can ask for a “stay” of the ruling so that they can appeal the issue to a judge in the charging district. Generally, such appeals must be filed within 14 days and promptly heard.
Hire an Arizona Federal Criminal Defense Attorney to Get You Out
With almost 30 years of experience, Jason Lamm is versed and experienced in conducting detention hearings to get his clients released when they are arrested in Arizona on federal criminal charges committed out of state. Detention hearings are held very quickly after someone’s arrest so it’s typically a sprint to gather all available information and prepare. Usually, people only get one opportunity to fight to get out of federal custody so make it count! Contact Jason Lamm at (602) 663-9100 to discuss your options in defending federal charges against you and see what he can do to secure your freedom.