Monday, February 15, 2016

What Happens If I am Arrested by the Feds: Federal Agents Must Take Arrestee/Suspect before Magistrate Judge within Six-Hours.

It is well settled that and common knowledge that anyone arrested has the legal right not to speak to anyone, until he or she consults with a criminal defense attorney.  Miranda v. Arizona, 384 U.S. 436 (1964)

What is not well known, however, is that the federal authorities must promptly bring the arrested person before a magistrate or district court judge within six-hours of the arrest.

Pursuant to 18 U.S.C. Section 3501(c), a person arrested by federal authorities must be brought before a judicial officer   within six-hours (with some flexibility for distance, transportation and availability of Judge) of the arrest.

In the Supreme Court case, Corley v. United States, 556 U.S. 303 (2009) our Supreme Court held that a 29-hour delay was unacceptable and that the confession made during that period was inadmissible. In McNabb v. United States, 318 U.S. 332 (1943); Mallory v. United States 354 U.S. 449 (1957), it was established that a confession which violates the prompt presentment requirement of F.R.C.P. 5(a) generally renders said confession inadmissible, even if the confession was made voluntarily.

If you have been arrested or charged with a federal crime you should immediately consult and retain an experienced federal district court criminal attorney to protect your rights.

Law Office of Vincent J. Sanzone, Jr., Esq. (Elizabeth, N.J.)
Telephone: (908) 354-7006; Cell Phone (201) 240-5716