What Happens in Houston with a Federal Arrest Warrant? (Part 1)

 Posted on August 07, 2024 in Federal Crimes

Thanks to the Fourth Amendment to the United States Constitution, you are protected from unreasonable searches and seizures by the United States government. Most people have an understanding of how this right impacts the police and their ability to search your home or vehicle. But it is also important to understand that this right prevents law enforcement from arresting you without cause. In most cases, when a federal criminal offense is being charged, federal authorities cannot arrest you without first obtaining a federal arrest warrant.

In some cases, you might learn of the existence of a warrant before you are arrested. In fact, there are circumstances where federal authorities will negotiate with you to surrender at a certain time and place. This is not always an option. Frequently, law enforcement will seek a warrant for your arrest for a federal crime and take you into custody at a time of their choosing.

No matter if you suspect there is a warrant for your arrest or you have already been taken into custody, your first phone call should be to experienced legal counsel. If you are facing federal charges in the Houston area, let a board-certified criminal defense attorney from Murphy & McKinney Law Firm, P.C. assist you throughout the process. Having a knowledgeable federal criminal defense attorney by your side can make a significant difference in the outcome.

Understanding Federal Arrest Warrants

When a federal law enforcement agency believes you have violated federal law, they are entitled to seek a warrant for your arrest from a magistrate. Warrants to search your property or arrest you are only granted when certain conditions are met. The officers seeking a warrant must provide an affidavit laying out what crime they believe has been committed. Once the warrant is issued, the law enforcement agency is empowered to take you into custody. Warrants must include specific information, including:

• The name of the defendant and their general description

• A description of the federal offense the defendant is facing

• A command from the court that the defendant is to be arrested and taken immediately before a judge

• The signature of the judge

State and federal warrants operate in a similar fashion. State courts can also issue warrants for arrest. The major difference between these two processes is that federal warrants are issued for violations of federal law, while state courts only issue arrest warrants based on violations of state law. In limited situations, your attorney could fight an arrest warrant. If your attorney can establish that the warrant was obtained through fraud or error, the court might agree to quash it. This is rare in federal court, however.

How a Houston, TX Federal Criminal Defense Attorney Could Help  

Whether you suspect you are under federal investigation or have already been arrested, there is no time like the present when it comes to contacting a Houston, TX federal criminal defense attorney. Not all defense attorneys are the same, however. It is important that you seek out legal counsel with extensive experience in federal court.

Attorney Doug Murphy has made a successful career defending federal criminal defendants. If you are facing arrest for a federal offense in Houston, contact Murphy & McKinney Law Firm, P.C. at 713-229-8333 as soon as possible to schedule a free consultation.