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The Arrest Process for Virginia Federal Drug Cases

The first thing a person should know about the arrest process in federal drug cases is that they have a Fifth Amendment right to remain silent and they can and often should choose to use it. The second thing that they need to know is that they should get in touch with a Virginia federal drug attorney as soon as they possibly can, and let that attorney handle the agents and the prosecutor in any of the remaining steps in the investigation.

Drug charges are drug charges; what is different about federal charges is the way they are investigated and the way they are prosecuted. Each system has its own set of procedures and each system has its own set of prosecutors and investigators. State investigators and state prosecutors do things differently than they do in federal court. Federal prosecutors really like to try to get in front of these things early to try to build up cases. State investigators and state prosecutors do not always do that.

Booking Process

Upon arrest, an individual will be taken to a Magistrate Judge in the US District Court who will let them know what it is that they are being charged with. That is called an initial appearance or an arraignment. Shortly thereafter, there will be a preliminary hearing and a detention hearing where that same Magistrate Judge will determine what, if any, bond will be issued, or whether there are any conditions that exists for the individual to be released on their own recognizance and in trial.

When Facing Charges for Activities Outside United States

People are charged by the US government for actions committed outside the US, all the time. For instance, if the police develop information that someone in another country is importing drugs into the United States. In that situation, that person can absolutely be charged in the United States. If someone does something in another country that impacts the US in any way, shape, or form, and if the government finds about it, they will charge that person here in the US.

Important Steps to Take Following Arrest

Number one: do not talk to the authorities without an attorney present. The most damaging evidence against a person is often evidence that came straight out of their own mouth.

Number two: hire a lawyer and make sure that it is somebody who has extensive experience dealing with federal drug charges. A lawyer that has dealt only with state level drug charges is not going to have the merits or the know-how to navigate a federal drug investigation.

Number three: an individual facing these charges should make certain that they have no contact whatsoever with anyone else who could have been involved. If the authorities are investigating an individual, there is a good bet that they are going to be tracking that person’s phone calls. The authorities are going to be tracking the individual’s location and they are going to be trying to lump other people into the charge. 

Contacting a Federal Drug Attorney

A person who has been arrested on federal drug charges can contact an attorney from jail. Many people contact their family members since it is difficult to find an attorney’s contact information while in jail. People will advise their family of what is going and have them reach out and try to do some investigation of their own to find a qualified attorney for the type of charge that’s been levied against them.

Federal drug charges are public record and regardless of what happens – unless there’s an expungement – they will always be out there on the public record. As such, a lawyer is invaluable in these cases because a conviction could very likely follow a person for the rest of their life. With an experienced attorney, a person will give themselves a much better chance at defending against this charge.