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The reading of the Declaration means different things to different people. I can only tell you what it means to me.
For me, When we read the Declaration of Independence, we declare that we continue to stand united against …
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A person accused of a federal crime will be brought to court by arrest, voluntary surrender, or a summons.
Law enforcement will usually arrest an accused individual at their house. Typically, law enforcement will provide the accused with no advance warning when they are arrested. Law enforcement likes to arrest people early in the morning at their homes. However, law enforcement can arrest a person on a federal warrant at any location and any time.
They will identify themselves as law enforcement to arrest someone and typically state their purpose. In some cases, law enforcement will politely knock on the door. In other cases, law enforcement will use force to gain immediate entry into the house, using the element of surprise to gain swift and safe apprehension of the accused.
The person arrested is taken to a law enforcement vehicle and placed in the vehicle’s back seat. After law enforcement has completed the arrest and search incident to the arrest, the individual is transported either to the offices of the arresting agency or directly to the United States Marshal’s Office.
When law enforcement is making an arrest, it’s important for the accused to use good judgment.
Law enforcement has already determined that they believe the accused is guilty. They will likely have already spoken to a federal prosecutor. The accused is not going to talk their way out of it. So it is foolish and risky for the accused to talk or answer questions. Keeping one’s mouth shut until one has spoken to their own lawyer is almost always the safest course.
Do not attempt to cut any deal with Federal Agents. It is not unusual for someone arrested by federal agents to try to entice the accused into cooperating in exchange for some benefit. The accused should not try to reach any agreement with federal agents. In this regard, it’s important to remember several key points:
The accused should never attempt to reach their own cooperation agreement with the agents. No matter what the agents say, that is not the proper or legally binding way to establish a cooperation agreement. So keep your mouth shut.
Sometimes law enforcement will notify the accused’s lawyer or the accused that they must surrender voluntarily. This means the accused needs to come to the United States Marshal’s Office to turn themselves in because they have been charged with a federal crime. Voluntary surrender is not the norm. However, it is preferable to arrest.
When representing someone under federal investigation, I will typically try to obtain an agreement for my client to surrender voluntarily or to appear by summons. If I can arrange for voluntary surrender or appearance by summons, that is preferable to arrest.
Sometimes, I may be able to arrange for my client to be summoned to court rather than be arrested. This is far more likely to happen if I am already communicating with the Government.
When an accused is summoned to court, they receive a written order, the summons. The summons is an order from the Magistrate to appear before the Magistrate on a certain date for an initial appearance. When representing someone, I try to arrange for either voluntary surrender or appearance by summons. Either is better than being arrested.
Friends-
The reading of the Declaration means different things to different people. I can only tell you what it means to me.
For me, When we read the Declaration of Independence, we declare that we continue to stand united against …
Fifteen years ago, I organized a group of fellow Harris County Criminal Lawyers Association (HCCLA) members, and we defiantly read the Declaration of Independence at the courthouse. We sought no permission. We stood with our backs to the courthouse. We …
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According to today’s Houston Chronicle, a man from Milwaukee spent 47 days in jail because of a case of mistaken identity. To be fair, the mistaken identity issue is hard to follow. Still, our criminal justice system failed …