If you were recently arrested for a federal crime or have reason to believe you will be soon, 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.
The best thing to do during an arrest is to invoke your right to remain silent and call your defense attorney as soon as possible. At Berry Law, we seek to support you through every stage of the criminal case.
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 immediately. Even if the federal officers believe they correctly identified who should be arrested, they may not be done with their investigation.
Federal agents could be surveilling you as they finish their investigation. It is also common for law enforcement to execute a search warrant and evaluate all the evidence before issuing an arrest. Often, law enforcement will wait to make an arrest until they finish their investigation and have all the evidence they need to prosecute you in criminal court.
Legal Requirements to Make 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 like 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 offer 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.
Are Federal Agents Required to Inform Suspects of their Rights Upon Arrest?
Federal agents are required to inform suspects of their 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 that same requirement during “consensual encounters.” A federal agent can walk up to you and start a conversation at any time, and they do not have to read you your rights.
There is also a difference between detention and arrest. An officer can detain you and avoid the requirement to inform you of your rights. If you are having trouble determining whether an encounter with a federal agent was actually an arrest, speak with an experienced lawyer right away.
Mistakes to Avoid During Federal Criminal Arrests
Law enforcement officers often urge suspects to make statements during arrests in hopes that they incriminate themselves or confess. So, if you are arrested, you should 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” could be seen as an admission of guilt by law enforcement and the court system. A lawyer who knows how to handle federal criminal investigations can advise you on how to handle a potential arrest.
Contact Us to Discuss Federal Criminal Investigation Arrests in Omaha
If you are being investigated for a federal crime, an experienced lawyer at Berry Law can help you before and after your arrest. We can work to ensure your constitutional rights are protected. Additionally, we can inform you of the requests you do not have to comply with.
Our legal team understands the complexities of federal criminal investigation arrests in Omaha. Schedule a confidential consultation with a lawyer today to learn how we can help you protect your rights and build a solid defense.