Tuesday, 19 April 2016

My Father Was Arrested and I Don’t Know What to Do

Question: My father was arrested for a money laundering case. I learned this through his colleagues. It has been about 21 days and we do not know where he is. What can we do?

Answer: It can be extremely upsetting to learn that a loved one has been arrested and it is human nature to want to quickly ascertain where he is and to make sure that he is fine and being treated in a humane way. There are several steps that you can take to help locate him.

Contact Arresting Agency

Contact the law enforcement agency that took your father into custody. They may know where he was ultimately taken. Ask your father’s colleagues if they saw any insignia on the arresting officer’s clothing that would help determine which agency conducted the arrest, such as the FBI, the Sheriff’s Office or a local police department. Also, ask your father’s boss if he or she received an arrest warrant at the time that your father was arrested as this document can help identify the arresting agency and the nature of the allegations against your father.

Arraignment

If your father is facing federal charges for money laundering, he will be subject to the federal arraignment process. This means that there will be an initial court hearing in which he is advised of the nature of the charges against him and in which he pleads “guilty” or “not guilty.” Most criminal defendants plead “not guilty” at the initial phase even if they later change their minds. At a federal arraignment, your father receives a copy of the charges made against him. Since you say that your father was arrested about three weeks ago, he likely has already gone through this process. Go to your local federal court and ask if there are any court records pertaining to your father. Have his social security number and date of birth available to find this information more easily. These documents may indicate where your father is being held. There may have been a subsequent hearing since the initial arraignment.

If your father is facing state charges, the process is similar. Again, inquire with the court about any records regarding proceedings involving him to help determine where he is located.

Use an Inmate Search

The Federal Bureau of Prisons maintains a website that can help people locate an inmate in a federal prison. Search for him on this database to determine the prison where he may currently be housed. Similar search tools are available on some state and local sites if he is in a state-run facility.

Contact the Jail

Once you identify the jail where he is located, confirm this information with the representative who answers your call. Ask for the nature of the charges against him. Also, inquire about visitation policies, phone calls and letters. At this point, you should have enough information so that you can make contact with your father and determine the best course of action.

Contact a Lawyer

If your father does not yet have an attorney or was appointed a public defender with whom he is not satisfied, consider contacting a criminal defense lawyer who has worked money laundering cases in the past. Being convicted of this offense can carry significant criminal penalties. A criminal defense lawyer can discuss potential legal defenses, as well as any potential opportunity to enter into a plea bargain.

A lawyer may also be able to use the information that you have in order to help you locate your father if your attempts have been unsuccessful in finding him.

Copyright HG.org

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
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