Navigating the Aftermath of a Federal Arrest

A laundry list of reasons why warrants are not disclosed exists, but for now, our focus is on what happens after someone is arrested on a Federal Warrant and taken for processing.

Initial Appearance 

If you are arrested for a federal criminal case in San Antonio (Western District of Texas), you will be taken to the United States Federal Court House at 262 W. Nueva Street, San Antonio, Texas 78207. 

During a Federal Initial Appearance, a U.S. Magistrate Judge will inform you of your right to a preliminary hearing and detention hearing, your right to remain silent and your right to an attorney. We have three fair, knowledgeable, and intelligent Magistrate Judges in San Antonio. You can see a list of San Antonio Criminal Judges here. 

We recommend reaching out to hire an attorney as soon as possible.

Detention Hearing in Federal Cases 

At the detention hearing, your attorney will argue for your release on bond. Unlike state court, the bond isn’t guaranteed. The U.S. Attorney often files to keep someone detained for at least three days while Pretrial Services evaluates them. Judges consider several factors (see 18 U.S.C. § 3142(g)) to decide if the bond is appropriate, including criminal history, flight risk, and danger to the community.

Your lawyer needs to present a strong case—things like job history, character letters, and ties to the community help. In serious cases like drug charges, there’s even a presumption against release, so strategic preparation is everything. Sometimes, a judge may allow an unsecured bond, meaning you promise to follow the conditions or face serious consequences. If the judge is unsure, a family member may be asked to co-sign as a third-party custodian.

Arraignment Process in Federal Court 

After you have been indicted on the case you were arrested for, the judge will set your case for an arraignment. An arraignment is where the person accused of the crime must plead guilty or not guilty. Most times these hearings are waived, and the accused will automatically enter a plea of not guilty. 

Prior to the arraignment, you will have received a formal charging instrument known as a federal indictment. Your attorney will have to analyze this document and explain the charges and the law. The federal indictment will list all the federal criminal acts you are accused of and list details.

Discovery in Federal Criminal Cases

Discovery is the disclosure of evidence that the Federal Government is releasing to you and your attorney that describes the crimes they believe you have committed. This will be released by way of photographs, reports from the agency that investigated you, police cameras, drone surveillance, wiretaps, text messages between you and informants, social media posts, lab reports for drugs recovered, search warrants, and application for warrants for cell phone data.

Analyzing discovery evidence is crucial and involves scrutinizing the integrity and legality of how evidence was obtained. Challenging evidence on procedural grounds, such as improper warrants or unlawful surveillance, can lead to critical exclusions, shaping the overall defense strategy.

Plea or Trial in Federal Defense

Most federal cases end in a plea bargain, not a trial—over 90%, in fact. But that doesn’t mean you have to take what’s offered. A strong defense attorney will advise on the best course, explain sentencing ranges under federal guidelines, and negotiate better outcomes.

Plea bargains in federal court come in different flavors. Some plea bargains are written agreements with the federal prosecutor, while others are plea bargains where you orally enter a plea of guilty to the indictment. Should you decide to go to trial, we will go to battle for you. 

Presentence Investigation Report (PSR)

After entering into a plea or after being found guilty, you will be interviewed by the Federal Probation Department. This report will have details about your childhood, education, mental health, general health, the offense, criminal history, and your finances. 

This report will give the sentencing judge a comprehensive view of you on paper. Probation will calculate what they believe should be an appropriate sentencing guideline range, and the judge will refer to this report for facts.

Objections to PSR in Federal Cases

After the PSR is prepared, your federal criminal attorney generally has 14 days to object to items in the report. During this time, your federal attorney will review the PSR with you and go over what details to contest.

Objecting to a PSR requires meticulous attention to detail and evidence gathering to correct inaccuracies or omissions. This step can impact sentencing significantly and should include clear justification and supporting evidence for each objection.

Sentencing Memo and Character Letters

Prior to the sentencing date, your federal criminal lawyer will get as many character letters as possible to present to your judge for purposes of mitigation. These letters will help show the judge that there are people who care about you and truly know your character. 

We all know that humans are not perfect, and this is the opportunity for friends and family to get together and show their support. Our office has been successful with presenting sentencing memos because we get another opportunity to show the true story you want to be told and explain why a variance or departure in your sentencing should be considered.