My Spouse Was Just Arrested By Federal Agents

The knock came early. Federal agents at the door. Your spouse in handcuffs, being walked to an unmarked car. They're gone before you can process what's happening. Someone hands you a card with a case number. The car pulls away. And now you're standing in your own doorway trying to figure out what to do next.

Most families waste the critical first 72 hours doing exactly the wrong things.

The detention hearing that determines whether your spouse sits in a federal facility for months or comes home happens within 3-5 days of arrest. Not weeks. Days. While you're still trying to figure out where they took your spouse, the clock is already running on the most important hearing of the case. And here's what nobody tells you: the spouse at home faces their own crisis. Your bank accounts can be frozen within 24-72 hours. Federal prosecutors don't need to charge you to take your money. The system isn't designed to keep families together. It's designed to build cases.

Welcome to Spodek Law Group. We handle federal criminal defense when crisis hits without warning. If federal agents just took your spouse - this article explains what's actually happening, what you're facing, and what you need to do right now. Not tomorrow. Now.

The First 72 Hours - What Actually Happens

The timeline starts immediately. Federal Rule of Criminal Procedure 5 requires that your spouse be brought before a federal magistrate judge "without unnecessary delay" - typically within 24 to 48 hours of arrest. Before that hearing, a pretrial services officer will interview your spouse about family ties, employment history, health issues, and anything else relevant to the question of release. This interview happens fast, usually within hours of the arrest.

At the initial appearance, the magistrate informs your spouse of the charges and their rights. A public defender may be appointed if you can't afford private counsel. But heres the part that catches most families off guard - this initial appearance is often NOT where the release decision happens.

If the government wants your spouse detained pending trial, a detention hearing is scheduled within 3-5 days. This hearing - not some mythical "bail" amount - determines everything.

The federal system dosent work like state court. There are no bail bondsmen in federal court. The Bail Reform Act of 1984 changed the entire framework. Your options are:

1. Released on personal recognizance (rare - minor charges, strong community ties)
2. Released with conditions (GPS monitoring, home detention, third-party custodian, curfew)
3. Cash or property bond - and you need the FULL amount. A $100,000 bond means $100,000 in cash or equity. No bondsman posting 10%.
4. Detained pending trial

Meanwhile, you're trying to figure out where they actualy took your spouse. Good luck. The BOP Inmate Locator only shows sentenced federal inmates - not pretrial detainees. PACER, the federal court database, takes 12+ hours to update after an arrest. The U.S. Marshals Service holds pretrial defendants in various contract facilities with no central locator system. Calling the FBI or DEA directly gets you nothing - they won't tell you were your spouse is being held.

Your best bet is calling the Clerk's Office for the federal district where the arrest happened. Or hiring counsel who already knows which facilities the Marshals use in that district.

Your Bank Accounts, Your Assets, Your Money

While your searching for your spouse, federal prosecutors may already be filing seizure warrants.

Seizure warrants typically arrive at banks within 24 to 72 hours of an arrest. When they do, joint accounts are frozen completley. Both spouses lose access. It doesn't matter that you deposited your own paychecks into that account. It doesn't matter that you had no idea about your spouse's alleged activities. The government can freeze the entire account, and they dont need to charge you with anything to do it.

What typically gets frozen:

• Joint checking accounts
• Joint savings accounts
• Any account with your spouse's name on it (even if your name is also there)
• Business accounts if your spouse had ownership
• Investment accounts at major firms that recieved the seizure order

What usually survives (at least initially):

• Individual accounts in only your name with funds earned after the arrest
• Small credit union accounts that haven't recieved the warrant yet
• Cash you already have on hand

The irony is painful. Federal law actualy protects "innocent owners" from forfeiture. The DOJ Asset Forfeiture Policy includes provisions specifically for spouses who didn't know about illegal activity. But theres a catch - you have to prove your innocence, and you have exactly 30 days to file a claim contesting the seizure. Miss that deadline and you lose your right to challenge the forfeiture forever.

So you need to pay a lawyer to file forfeiture claims, but you can't access your money to pay the lawyer. And the 30-day clock is already running.

Emergency motions exist. You can petition the federal court for permission to access frozen accounts for basic living expenses - rent, utilities, food. Federal law allows "innocent third parties" to request partial unfreezing. But filing that motion takes time your family may not have.

The Mistakes That Make Everything Worse

Federal agents may come talk to you too. Maybe the same day your spouse was arrested. Maybe a few days later. Friendly, professional, sympathetic even. "We just have a few questions." "We're trying to help your spouse." "If you could just clarify a few things..."

They are not there to help you. They are building a case.

Recent federal prosecutions include multiple cases where spouses who agreed to talk to investigators - without counsel present - ended up charged with obstruction of justice or making false statements to federal agents. These are separate federal crimes under 18 U.S.C. 1001. Penalties up to 5 years. On top of whatever your spouse is facing.

Now consider spousal privilege. There are two types in federal court. Spousal testimonial privilege means you generally can't be forced to testify against your spouse. Marital communications privilege protects private conversations between spouses during the marriage.

But heres what most people don't understand: under federal law since Trammel v. United States (1980), the testimonial privilege belongs to the WITNESS spouse - not the accused spouse. That means YOU can choose to testify against your spouse, and your spouse cannot stop you. Prosecutors know this. They will pressure you. The privilege protects you from being forced to testify, but it doesn't protect your spouse if you volunteer.

And there are exceptions. If you were involved in the alleged crime - even unknowingly - the privilege may not apply. If there's evidence of crimes against you or your children, the privilege doesn't apply. Communications made to plan future crimes aren't protected.

You want to help your spouse. Of course you do. The instinct is to talk, explain, provide context that makes everything make sense. That instinct destroys families in federal court.

Getting Your Spouse Home - What Actually Works

The detention hearing is the battle. Everything in the first week focuses on this.

What the court actually considers:

• Nature and circumstances of the charges (violent crimes weighted heavily)
• Weight of the evidence (is the case strong or weak)
• History and characteristics of the defendant (job, family ties, criminal history)
• Danger to any person or the community
• Risk of flight

The statistics favor release when properly presented. According to U.S. Courts data, 86% of released federal defendants commit no violations while awaiting trial. Research from the Vera Institute shows pretrial detention increases conviction likelihood by 18 percentage points - not because detained people are more guilty, but because they can't assist in their own defense, lose jobs, and face pressure to plead guilty just to get out. Detention costs $92 per day. Supervised release costs $11 per day. The system has every reason to release people who aren't dangerous.

But someone has to make that argument effectively.

Third-party custodian - a responsible person agrees to supervise the defendant and guarantee appearance. This is powerful for defendants with family support. Property bond - equity in a home or other real property pledged to the court. This requires documentation showing clear title and sufficient equity. Character evidence - letters from employers, community members, family demonstrating ties that make flight unlikely.

All of this requires preparation BEFORE the detention hearing. By the time most families figure out what's happening, the hearing is already scheduled.

Todd Spodek has handled federal detention hearings across multiple districts. He understands what magistrate judges actually weigh - not the theoretical factors in the statute, but the practical realities that determine outcomes. Getting someone released pretrial isn't about hoping for the best. It's about presenting the evidence that makes release the obvious choice.

When You're Ready

If your spouse was just taken by federal agents, Spodek Law Group is here to help you understand what's happening and what options exist.

The consultation is free. We'll assess where things stand - is there already a detention hearing scheduled? What district are we dealing with? Has the government moved to seize assets? Are you yourself at any risk?

These first hours matter. The first 72 hours after arrest determine the trajectory of the entire case. Detention hearings happen fast. Forfeiture deadlines run regardless of whether you know about them. The government has been preparing for this moment. You need someone in your corner who has too.

Call us at 888-997-4071. Don't wait until your spouse has been detained for weeks. Don't wait until your accounts have been frozen and you can't pay for representation. Don't talk to federal agents without counsel. The crisis is now. The response needs to be now too.

We're here when you need us.