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Pre-Arrest and Arrest Warrant FAQ's

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Pre-arrest and Arrest Warrant FAQs

 

Federal agents want to talk to me. What should I do?

If you think you might be the subject of a federal investigation, you should contact a criminal defense attorney before speaking with law enforcement agents or their representatives. You have a right to an attorney’s advice and counsel in any conversation with law enforcement agents. Your attorney should arrange all meetings or telephone contact with them. Even if you do not have an attorney, remind law enforcement representatives that you wish to have an attorney present. If you cannot afford an attorney, you should contact the Federal Public Defenders Office, click HERE. A Federal Public Defender will help you complete a financial affidavit to determine your eligibility for appointed counsel. This affidavit will accompany your request asking the court to provide you an attorney at no cost. Even if you believe you are only a witness in a federal investigation, you still have the option and the right to consult with an attorney and to refuse to speak with law enforcement.

 

I was served with a subpoena to testify before a grand jury. What do I do?

It is important to determine whether you are the subject of the grand jury investigation or just a witness providing evidence. The “subject” or “target” is anybody whom the government might charge with a crime as a result of the grand jury proceedings. Check the subpoena or your letter from the U. S. Attorney to see whether that office considers you a “subject” or “target” of the investigation. If you are the “subject” or “target” -- or even if you are uncertain but suspect you might be the “subject” or “target” of the grand jury investigation -- you should contact a criminal defense attorney immediately. You should not negotiate with the prosecutors or law enforcement agents by yourself. Have your defense attorney call the U. S. Attorney’s Office to identify the government’s interest in you. A criminal defense attorney can protect important rights for you, including your right against self-incrimination, and may be able to successfully negotiate immunity in exchange for your testimony.

If you cannot afford an attorney, you should contact the Federal Public Defender’s Office, click HERE. A Federal Public Defender will help you complete a financial affidavit to determine your eligibility for appointed counsel. This affidavit will accompany your request asking the court to provide you an attorney at no cost.

 

There is a federal warrant for my arrest in the District of Arizona or another district. What should I do?

If you know that you have an outstanding federal warrant, you should consider surrendering to the United States Marshal's Office. Prior to your surrender, it is a good idea to speak with an attorney. If you are located within the District of Arizona contact the FPD's office, click HERE. A Federal Public Defender can discuss with you your possible surrender to the United States Marshal. Choosing not to surrender can result in adverse consequences to your case and even additional criminal charges.