What are the possible charges someone can get when there being held under a U.S. marshal hold? And how long can they be on hold?
2 attorney answers
A hold is merely a notice to the authorities that the person has a federal case of some sort pending against him. That fact that someone has a hold tells us nothing about what the charges are; they could be for anything. If the person was arrested in another state on the federal warrant, he will be brought to the closest court, usually within 48 hours, for an initial appearance. If he waives the identity hearing (meaning he admits that he is the person that the Feds want, but is not admitting guilt), he will be transported to the charging district. It is also possible depending on the circumstances that he would be released after a detention hearing the in the other state/district, but again that depends on many different factors.
A US Marshals Service hold indicates that an arrest (new charge), indictment or probation/supervised release warrant has been issued by a US District Court for the detainee's arrest. The warrant may be executed by the Marshals immediately if there are no other charges from a state or another federal district, or if those other charges are pending, the warrant may be executed at any time during which those charges are pending, or upon the detainee's release from the detention obligations of those charges. When the warrant is executed, the Marshals will take the detainee before a US Magistrate in the district of arrest, a "removal hearing" will be held, unless the detainee agrees to voluntarily return to the charging district, and a bond may or may not be set, depending on the particular circumstances of the case.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP