What Are My Rights If I Am Detained in a Federal Investigation?

When you are being investigated for any type of criminal offense under state or federal law, or upon or after an arrest, it is essential to know that you have specific constitutional rights that protect you against unreasonable police or other law enforcement behavior and actions. If any of your constitutional rights are violated during the investigation that leads to your arrest, or in the context of an arrest and interrogation, you may have an extremely strong defense. To be clear, constitutional protections apply in all types of criminal cases — whether you are facing charges for a violent offense such as battery or you are facing charges for a white collar crime involving alleged fraud.

It is especially important to understand your rights if you are detained during a federal investigation. To be clear, these rights apply in the event of a formal arrest, but they also apply when you are detained and are considered to be “in custody” — even if you have not been told that you are formally under arrest. Consider the following information from our federal criminal defense lawyers in Tampa.

What Does It Mean to Be Detained and “In Custody”?

What does it mean to be detained but not formally arrested? According to the Cornell Legal Information Institute (LII), “to detain an individual is to hold them in custody, normally for a temporary period of time.”

In short, if you are detained by any law enforcement agency or body in such a way that you are not free to leave, you have rights that apply even if you have not been formally arrested. If you cannot leave, in general, you are likely “in custody” and have important rights. More specifically, the US Supreme Court has clarified that “whether a person is ‘in custody’ depends on the results of a two-part test that considers whether a reasonable person in the suspect’s shoes would feel that he could freely exercise his right against self-incrimination and the degree to which the suspect’s freedom of action is restricted.” You do not have to be physically detained by handcuffs or a locked door of a room or vehicle. Rather, if a reasonable person would assume that they were not free to leave, you could be “in custody.”

Your Rights “In Custody” and During a Custodial Interrogation

What are your rights once you are in custody? The rights you have in this situation arise out of the US Supreme Court case Miranda v. Arizona (1966):

You have the right to remain silent (which is your right against self-incrimination), and you are required to be informed that any statements you make can be used against you by the prosecution.

Your right against self-incrimination, which is now an essential part of the Miranda warning, is a crucial one to exercise. In any custodial circumstance, which can also be described as a custodial interrogation depending on the circumstances, it is crucial to exercise your right against self-incrimination, to remain silent, and to ask for an attorney.

Contact a Tampa Criminal Defense Lawyer for Help with Your Rights in a Federal Investigation and Custodial Interrogation 

If you are even questioned in any federal criminal investigation, it is essential to seek advice from an experienced Tampa federal criminal defense attorney at the Law Offices of Daniel J. Fernandez, P.A. Contact our firm today for assistance.

Sources: 

constitution.congress.gov/browse/essay/amdt5-3-6-4/ALDE_00013689/

law.cornell.edu/wex/detain