my spouse was just arrested by federal agents what do i do

Welcome to Spodek Law Group. Our goal is to give you the reality of what happens when federal agents take your spouse away in handcuffs - not the sanitized version lawyers present on their websites, not the procedural fiction of "just call the jail," but the actual truth about what the next 48 hours will look like and why everything you're about to do on instinct will make this worse.

Your spouse is gone. You watched them put the handcuffs on. Maybe they knocked at 6am, maybe they came to the office mid-afternoon. Either way, your world just split into before and after. Right now you're probably calling the number the agents gave you, or searching "FBI [your city] phone number," or typing exactly what brought you here. You're trying to find out where they took your spouse and when you can see them.

Here's what nobody is telling you: the FBI has an explicit policy against providing arrest information to family members. They will not tell you where your spouse is being held. They will not tell you what charges are filed. They will not tell you when you can visit. This isn't rudeness or incompetence - it's policy. And that information blackout is designed to create exactly the panic you're feeling right now, because panicked spouses make mistakes that become evidence.

The First 24 Hours: What Federal Agents Aren't Telling You

The silence from the FBI is intentional. While your scrambling to find out were your spouse is being held, federal agents are watching what you do next. They're noting who you call. There monitoring whether you reach out to your spouse's business partners or employees. Every move you make in the next 24 hours is being evaluated - not to help you, but to see if you'll do something that expands their case.

Heres the thing most people dont understand about federal arrests: by the time agents show up with handcuffs, the investigation has been running for months or years. The 93% conviction rate in federal court isnt because federal prosecutors are smarter - its because they only arrest people after they've already built a case they know they can win. Your spouse wasnt arrested because theyre gathering evidence. Your spouse was arrested because evidence gathering is complete.

This means something terrifying for you. Everything the government knows about your spouse, they probly also know about you. Joint bank accounts. Shared businesses. Tax returns you both signed. Vacation homes you purchased together. The question in the next 48 hours isnt just "will my spouse get out" - its "am I a witness, a subject, or a target?"

Let that sink in. The agents who arrested your spouse may be the same agents who knock on YOUR door next.

The federal criminal justice system operates on a completly different timeline than what most people expect. In state court, things move relativly quickly - arrest, arraignment, bail, maybe trial within a few months. Federal court stretches everything out. Investigations take years. Pre-trial detention can last 18 months. Trials are scheduled a year or more after indictment. And during all of that time, the government is still investigating, still gathering evidence, still watching what every family member does.

Your spouse's employer will find out. The neighbors will probly notice the FBI vehicles. Friends will ask questions. And every single one of those conversations - how you handle them, what you say, who you reach out to first - becomes part of the case file one way or another.

Why Nobody Will Tell You Where Your Spouse Is (And How to Find Out)

Your spouse is somewhere in the federal system, but finding them feels impossible. You've called the FBI - they wont help. You've called local jails - they dont have federal prisoners. You've searched the Bureau of Prisons website - nothing shows up yet because the system takes 24-48 hours to update.

Heres were people get confused. State arrests work one way - you call the jail, you find out the bond, you pay it, your person comes home. Federal arrests work backwards. Your spouse is being held UNTIL a detention hearing occurs, usually 48-72 hours after arrest. There is no "bond" you can pay at a window. There is no bail bondsman who can help. The federal system presumes detention, and your spouse must prove - through a lawyer, at a hearing - why they should be released.

The fastest way to find your spouse is through PACER - Public Access to Court Electronic Records. When federal charges are filed, a case number is created. That case number tells you which federal district your spouse is in, which magistrate judge is handling the initial appearance, and when that appearance is scheduled. But PACER costs money, requires registration, and takes time you dont have. Thats why the real answer is: hire a federal criminal defense lawyer in the next 6 hours.

As Todd Spodek explains to clients in this exact situation: the clock started when the handcuffs clicked. You have roughly 48 hours before a magistrate judge decides whether your spouse stays in jail for months awaiting trial or gets released with conditions. Everything that happens in that window - who you talk to, what you say, whether counsel appears at the hearing - determines the next year of your life.

The Detention Hearing: Why Federal Bail Works Backwards

OK so heres what nobody tells you about federal detention. In state court, release is the default. You pay bond, you go home, you show up for trial. In federal court, detention is the default for many crimes. The Bail Reform Act of 1984 created a system where the government can argue - and judges often agree - that no condition of release will ensure the defendant appears for trial and protects community safety.

What does this mean for your spouse? It means the first hearing isnt about proving innocence. Its about proving your spouse wont flee and isnt dangerous. And the government gets to go first, presenting all the reasons your spouse should stay locked up. Your lawyer - assuming you have one - gets to respond. But respond to what? To arguments based on evidence you havent seen, witnesses you dont know about, and financial records the government has been reviewing for months.

Theres an uncomfortable truth here. The magistrate judge presiding over the detention hearing already signed the arrest warrant. They already reviewed the government's affidavit laying out why your spouse is probly guilty. Your spouse is walking into a hearing where the judge has already read the prosecution's version of events. This isnt starting from neutral. This is starting from behind.

The third party surety matters more then most people realize. This is someone - often a spouse - who agrees to supervise the defendant and pledges assets to guarantee appearance. If you want to help your spouse get released, being prepared to serve as third party surety with documented assets is more valuable than any statement you could make to agents.

Everything You Say Is Being Recorded (Including Right Now)

Think about what you've done since your spouse was arrested. Who did you call? What did you say? Did you text anyone? Email anyone? Call your spouse's workplace to explain?

Every phone call from federal detention is recorded. Every. Single. One. Your spouse knows this - they hear the warning at the start of each call. But panic makes people forget. So when your spouse calls you from detention and says "dont worry, it was just a misunderstanding" or "tell my partner I didnt mean to," those statements are being logged, transcribed, and reviewed by prosecutors looking for inconsistencies.

Heres the kicker. Calls TO the jail - even calls you make trying to find out where your spouse is - create records too. If you told a detention officer "my husband would never do something like that," congratulations - you've created a statement. If you called your spouse's business partner to "explain the situation," you've potentially created a witness who will be subpoenaed.

We've seen cases were the spouse's "helpful" phone calls added months to the defendant's sentence. Not because the spouse did anything criminal, but because the calls showed what prosecutors call "consciousness of guilt" - awareness of wrongdoing and attempts to coordinate stories or explain away conduct.

But wait. It gets worse.

Why Talking to the FBI Makes Everything Worse

Theres a very good chance FBI agents will want to talk to you. Maybe they already knocked. Maybe theres a card with an agent's name and number sitting on your counter right now. The card says something friendly like "please call regarding your husband" or "we just have a few questions."

Heres what Martha Stewart learned the hard way: the crime isnt always what you did. Sometimes the crime is what you said ABOUT what you did. Stewart wasnt convicted of insider trading. She was convicted of lying to federal agents about insider trading - a crime that carries up to 5 years under 18 USC 1001.

When FBI agents talk to you, there are only three possible outcomes:

1. You say something consistent with the evidence they already have (this helps you not at all)
2. You say something inconsistent with the evidence they already have (this becomes a potential federal crime)
3. You say nothing (this is what your lawyer would tell you to do)

Notice something? Theres no outcome where talking to the FBI helps you. None. The best case scenario is neutral. The worst case scenario is federal charges against you.

And heres the part nobody talks about: FBI agents are trained in interview techniques designed to make you comfortable. They'll be sympathetic. They'll say things like "we know you had nothing to do with this, we just need to understand the timeline." They'll offer coffee. They'll relate to your stress. And the entire time, they're documenting everything you say, looking for the inconsistancy that becomes your downfall.

Think about that. The same people who just took your spouse away are now sitting in your kitchen, being friendly, asking you to "help clear things up." Hows that possibly in your interest?

Theres also the spousal privilege question that confuses almost everyone. Many people beleive spousal privilege means the government cant force them to testify against their spouse. This is only partialy true. The spousal testimonial privilege is held by the WITNESS spouse - meaning you. You can choose to invoke it and refuse to testify about marital communications. But heres the catch: you can also choose to WAIVE it. And prosecutors know this.

What happens when prosecutors offer you immunity in exchange for testimony against your spouse? Suddenly the privilege isnt protecting anyone - its creating leverage. The government can approach you separatley, explain that you might have liability too, and offer to make that liability disappear if you cooperate. They dont need to force you to testify. They just need to make testifying the attractive option.

This is why getting your own lawyer - seperate from your spouse's lawyer - matters more then most people realize. Your interests and your spouse's interests may not be the same. A single lawyer cant represent both of you if theres any chance you'll be called as a witness. And in federal cases, that chance is higher then you think.

What Your Spouse May Be Doing Right Now (And Why It Matters for You)

This section is going to make you uncomfortable. Thats intentional.

Right now, while your trying to find a lawyer and figure out where your spouse is being held, your spouse is being processed into the federal system. They're being fingerprinted, photographed, interviewed. And at some point - maybe immediately, maybe after a few days of detention - someone will offer your spouse a chance to cooperate.

Cooperation in federal cases means one thing: providing information the government can use. Sometimes that information is about people above your spouse in the organization. Sometimes its about co-conspirators. And sometimes - more often then you want to believe - its about family members.

Federal cooperation agreements typically require "complete disclosure" of all criminal activity known to the defendant. This means your spouse cant selectively cooperate. If prosecutors ask about joint tax returns, your spouse must answer. If they ask about business decisions you made together, your spouse must answer. The cooperation agreement that helps your spouse might simultaneously create evidence against you.

At Spodek Law Group, we've handled cases were husbands testified against wives, wives testified against husbands, and parents testified against children - all to reduce their own sentences. The federal system creates incentives for this. A cooperator can receive a "5K1.1 letter" recommending reduced sentence. The reduction can be massive - 50% or more. And to earn it, your spouse must provide substantial assistance, which often means testifying against people they love.

Is your spouse doing this right now? Probably not - cooperation discussions usually happen after initial appearance, once the defendant has counsel and understands the case against them. But the pressure starts immediatly. Detention is uncomfortable. The threat of years in prison is terrifying. And the government knows that time in custody - especialy those first few days before a spouse can help - makes defendants desperate.

The Next 48 Hours: What Must Happen Before the Hearing

Listen. You've read everything above and your probly overwhelmed. Lets be practical about what needs to happen in the next 48 hours before your spouse's detention hearing.

Hour 0-6: Retain federal criminal defense counsel

Not a state DUI lawyer. Not your divorce attorney. A lawyer who regularly practices in the federal district where your spouse was arrested. This lawyer needs to file a notice of appearance, gain access to your spouse, and begin preparing for the detention hearing.

Todd Spodek tells every family member the same thing: the first 6 hours matter more than the next 6 months. The detention hearing happens whether you have a lawyer or not. The question is whether that lawyer has time to review the government's case, interview your spouse, prepare release arguments, and line up third party sureties.

Hour 6-24: Gather documentation

Your lawyer will need information to argue for release: employment verification, community ties, family obligations, medical needs, property ownership. Start gathering this now. Every hour you wait is an hour your lawyer doesnt have.

Hour 24-48: Prepare for the hearing

The detention hearing is where everything is decided. A skilled federal defense attorney will challenge the government's detention request, present your spouse as a minimal flight risk, propose conditions of release (electronic monitoring, travel restrictions, third party surety), and begin the process of getting your spouse home.

What NOT to do:

• Dont talk to FBI agents without your own lawyer present
• Dont call your spouse's business partners, employees, or associates
• Dont post on social media about the arrest
• Dont try to access your spouse's computers or delete emails
• Dont transfer assets or move money
• Dont discuss the case on jail phone calls

Every one of those actions creates evidence. Every one of those actions adds charges or sentencing enhancements. Every one of those actions makes everything worse.

Heres something else to think about. If you've been searching online about federal arrests, reading articles like this one, trying to understand what happens next - all of that browsing history exists. Your phone, your computer, your search history - these can all be subpoenaed. Nothing you do on the internet is truly private when federal agents are involved.

This doesnt mean you should stop researching. Knowledge is power, and understanding what your facing is essential. But it does mean you should be carefull about what you put in writing. Dont email your spouse's business partner asking "what should we say about the funds?" Dont text your mother-in-law explaining "I'm sure there was a good reason." Dont create a paper trail of conversations that prosecutors can characterize as consciousness of guilt or worse.

The safest communications are with your attorney. Attorney-client privilege actualy protects those conversations. Everything else is fair game.

The Reality Nobody Wants to Admit

Heres the uncomfortable truth that everything above points to: your spouse's arrest may be the beginning of a case against you too. Not because you did anything wrong. But because the federal system is designed to expand. Prosecutors look at family finances, joint decisions, shared businesses, and signed tax returns. They ask: who else benefited? Who else knew?

The spouse who panics - who talks to agents, who calls employers, who tries to "fix" things - gives the government exactly what they need. The spouse who stays silent, retains counsel immediately, and prepares for the detention hearing gives their family the best chance of surviving this.

Spodek Law Group has represented hundreds of families in exactly this situation. We know what the next 48 hours look like. We know what prosecutors are looking for. And we know that the decisions you make right now - in the chaos and fear of this moment - will determine whether your family comes through this intact.

The clock is running. Call 212-300-5196. Dont talk to anyone else until you do.