If you were recently arrested for a federal crime or have reason to believe you are under a federal criminal investigation, it is important that you understand your constitutional rights. During federal criminal investigation arrests in Omaha, law enforcement officers may urge you to confess or otherwise incriminate yourself. This is especially possible if you are unrepresented and don’t fully understand federal laws.
The best thing to do during an arrest is to invoke your right to remain silent and call a federal criminal investigation defense attorney at Berry Law as soon as possible. Our skilled and experienced legal team will support you through every stage of your federal criminal investigation, arrest, and trial if needed.
Does a Federal Criminal Investigation Immediately Lead to an Arrest?
Just because federal law enforcement began a criminal investigation against you does not mean they will issue an arrest warrant immediately. Even if the federal agents believe they have correctly identified who should be arrested, they may not take any official action until they are completely done with their investigation.
Federal agents could have you under surveillance as part of their investigation. It is also common for law enforcement to execute a search warrant and evaluate all of the seized evidence before issuing an arrest warrant. Often, law enforcement will wait to make an arrest until they finish their investigation and have all the evidence they need to successfully prosecute you in criminal court. However, you shouldn’t wait until the investigation is complete before contacting a federal crimes lawyer at Berry Law who can protect your rights now.
What are the Legal Requirements For a Federal Arrest?
Federal law enforcement officers must take several steps before they can make an arrest. The officer must file a criminal complaint supported by probable cause with a federal judicial officer such as a magistrate or district court judge. The judge must then review any documentation or testimony in support of probable cause and sign the complaint. Once the complaint is signed, an arrest warrant can be issued.
Alternatively, a prosecutor can present information to a grand jury. If that grand jury finds that there is probable cause to believe an individual or organization was involved in criminal activity, they will return an indictment. Upon receipt of a signed indictment, a federal judicial officer will issue an arrest warrant for the named person or organization.
Must Federal Agents Inform Suspects of their Rights Upon Arrest?
Yes, federal agents are required to inform suspects of their legal rights upon arrest. Some of these widely known Miranda Rights include:
- The right to remain silent
- The right to an attorney
- The right to an attorney at the government’s expense
- The right to have an attorney present during any and all questioning
Though law enforcement officers must inform you of your rights during an arrest, they do not have the same requirement during “consensual encounters.” In other words, a federal agent can walk up to you and simply start a conversation at any time without needing to read you your rights. Miranda rights are only required during an arrest situation.
There is also a difference between detention and arrest. An officer can detain you without the requirement to inform you of your rights. Depending on the agent’s actions and the surrounding circumstances, there may be some grey area between a detention and an arrest. If you are having trouble determining whether an encounter with a federal agent was actually an arrest, speak with an experienced criminal defense lawyer at Berry Law right away.
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Mistakes to Avoid During Federal Criminal Arrests
Law enforcement officers often urge a suspect to make statements during their arrest in hopes that they incriminate themself or confess. If you are arrested, be very careful to avoid making any self-incriminating statements.
It is natural to want to explain the situation, but this can jeopardize your case. A simple statement such as, “I didn’t mean to violate the law” or, “I didn’t know that was illegal” could be used as an admission of guilt by law enforcement and prosecutors within the court system. A lawyer who is dedicated to protecting people during federal criminal investigations can advise you on how to handle a potential arrest.
The Team at Berry Law Can Explain the Implications of Federal Criminal Investigation Arrests in Omaha
If you are being investigated for a federal crime, an experienced criminal defense lawyer at Berry Law can help you before and after your arrest. We can work together to ensure your constitutional rights are protected. Additionally, we can explain the requests you do not have to comply with and protect you throughout the entire process, including during any contact with federal officials.
Our legal team understands the complexities of federal criminal investigation arrests in Omaha. Reach out now to schedule a confidential consultation with one of our federal defense lawyers. to learn how we can help you protect your rights and build a solid defense.