Legal Question in Criminal Law in California

Re: Federal Custody

Normally, in the good old days, she could be transferred to federal custody before being formally charged, but only if there is a federal warrant for her arrest. Then, if the offense is bailable, she would have an opportunity to post bail while formal charges are pending and until trial.

But, there is this thing since 9/11 called the Patriot Act. It may depend on what she is being investigated for by the SS. If its something classified as "terrorism", there are some frightening new procedures that allow holding people without warrants, etc. for disturbingly long periods of time.

You need to provide me with more specifics. I have a friend who is making a veritable life study of patriotic act issues. If you would forward more specifics to [email protected], I might be able to tell you more.

Re: Federal Custody

By the way, I don't wish to alarm you, but if you have even an inkling that this might be a patriot act terrorism investigation, DO NOT e-mail me details. Instead, call me from a public phone not near your home at (770) 534-1057 during business hours.

Re: Federal Custody

Thank you for your posting and your inquiry.

It is possible for her to be transferred to federal custody, but she is required to be arraigned within the timelines set by the federal rules of criminal procedure. More likely, an agent from the Secret Service or the FBI would contact her and do an interview in custody after being advised of her right to remain silent and her right to an attorney.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.