The Job of the U.S. Marshal:  Arrest & Detention on Federal Matters in Texas

There are times when the U.S. Marshals Service will not share any information with loved ones after an initial arrest here in Texas. When a sealed warrant or sealed indictment is involved, all the family will know is their loved one has been arrested. That’s it.

• For more detail, read What You Don’t Know Can Hurt You: Sealed Indictments and Sealed Arrest Warrants in Federal Criminal Cases.

It can be an overwhelming and emotional time of crisis for all involved. The U.S. Marshals Service will not tell the family members important things, like details about the charges (what crimes have their husband, son, father been accused of?) or information about the detention hearing (when does he appear before a judge to argue for a release from jail?).

It’s amazing how much is kept from the family. The Marshals will not even share basic things like a case number.

From a defense lawyer’s perspective, this is a critical time for the accused. The detention hearing will take place within three days after the arrest pursuant to the Bail Reform Act. See, Bail after Federal Arrest in Texas and The Bail Reform Act of 1984.

Having as much information as possible, as fast as possible, to prepare a defense for that hearing is imperative. Accordingly, for family and friends of those facing federal investigation or arrest for alleged violations of federal criminal statutes, consider the following (noting my standard disclaimer that this is in no way legal advice):

Who are the Marshals?

The U.S. Marshals Service has earned its place in history, and many will recognize names of past Marshals like Wyatt Earp (think Kurt Russell in the movie Tombstone) or Bass Reeves. See, “Was Wyatt Earp Really a Deputy U.S. Marshal?” written by Gary L. Roberts and published by True West Magazine on January 25, 2021; and From Slave to Lawman: the Incredible Life of Bass Reeves, written by Justin Brown and published by History Defined.

The US Marshals Service was the first law enforcement agency created in this country, enacted by the Judiciary Act of 1789 in order to protect the federal judiciary and enforce federal court decisions. Thirteen Marshals, appointed by President George Washington, began the work of an agency that remains active today operating under the oversight of the United States Attorney General’s Office.

The Marshals are responsible for many things, including Judicial Security; the federal Missing Child Program; Sex Offender Investigations; Witness Protection / Witness Security; and oversight of federal Asset Forfeiture.

There are numerous offices for the Marshals Service here in Texas, organized by judicial district. For the United States District Court for the Northern District of Texas, offices are located in Abilene; Amarillo; Dallas; Fort Worth; Lubbock; San Angelo; and Wichita Falls.

For those facing federal criminal charges and their loved ones, the US Marshals Service impact their lives in specific ways.

1. Arrest

One of the key roles of the United States Marshals Service is to track down and arrest people who are being charged with violating federal criminal laws. After arrest warrants or indictments are issued by federal authorities, it is a Marshal who is tasked with physically going out and bringing in the accused after a proper arrest. In 2024, the Marshals cleared 29,108 federal warrants by arrest, and cleared another 57,280 state and local warrants by arrest.

These powers come from 28 USC §566(c) and Rules 4 and 9 of the Federal Rules of Criminal Procedure.

2. Prisoner Transportation

The US Marshals are the organization that handles Justice Prisoner and Alien Transportation System (JPATS). They have their own airline to do this (just like in the movie ConAir). The Marshals also lease planes, as needed, as well as buses and vans.

The Service “manages the coordination, scheduling and secure handling of prisoners in federal custody, transporting them to detention facilities, courts and correctional institutions via a network of aircraft, buses, vans, and cars.”

3. Prisoner Operations

After arresting someone, the U.S. Marshals Service’s Prisoner Operations oversees all “prisoner detention management matters for individuals remanded to U.S. Marshals custody.” This involves providing “…safe, secure, and humane custody, housing, medical care, and transportation for federal prisoners throughout the United States and its territories.”

4. Fugitive Apprehensions

The Marshals Service is not only “the federal government’s primary agency for fugitive investigations,” but has “the broadest arrest authority among federal law enforcement agencies,” and in its Fugitive Apprehensions role helps “state and local agencies in locating and apprehending their most violent fugitives.”

Of note, the U.S. Marshals Service has its own 15 Most Wanted Fugitives List.

Federal Jurisdiction, Federal Crimes, and Federal Custody

Families need to know that there are two distinct criminal justice systems operating simultaneously and independently here in the Lone Star State. There is federal law and state law. For those who are arrested by U.S. Marshals for allegations of violating federal criminal statutes, they are entering into the federal system which is very, very different than Texas’ system.

Federal crimes involve things like drug trafficking, human trafficking, firearms violations, and white collar crimes (like RICO). They are investigated by federal agencies like the FBI, DEA, or ATF. And they are prosecuted by federal prosecutors working at the Office of the United States Attorney General in the Department of Justice.

For details, read: The Federal Criminal Justice System: After Arrest, From Arraignment to Sentencing.

Arrests by U.S. Marshal Service

The Marshals are known for being involved in arrests here in Texas, although they may work with their local partners in handling an arrest when task forces are involved. Marshals do not delegate the responsibility of arresting someone to another agency.

They must adhere to a specific dress code, with uniformed officers required to wear the standard U.S. Marshal Service uniform. Some Marshals are plainclothes officers. They also have tactical gear which is to be worn as needed.

How do you know they are from the U.S. Marshals Service? They carry a badge as an “identifying instrument” and also have business cards to be used as an “informal notice of identification.”

The Marshal will likely visit the individual at their home or place of employment. They will introduce themselves, explain they are there to arrest the person based upon the warrant or indictment. They will read the Miranda Rights. The person is no longer free at this point; now, that person is in federal custody.

The Marshal’s next step will be to take that individual to a federal detention center.

Detained in Jail: Before Release or Trial

After arrest, and before any release by the judge pending trial or through trial itself, the person who has been arrested remains under the custody and control of the federal government. The U.S. Marshals Service is responsible for all transport, housing, and care of that person during this time period. This is also true for juveniles, who are taken into custody, handled, and detained by the Marshals pursuant to the Federal Juvenile Justice and Delinquency Prevention Act, 18 U.S.C. §§5031–5043.

Here in Texas, detention may mean living in various facilities around the state. Some are federal facilities operated by the Bureau of Prisons; however, most residents there have already been convicted and sentenced. Nationally, the Marshals house around 63,000 prisoners who have not been sentenced for a crime, with 75% of them being detained in state, local, and private facilities. The remaining 25% reside in BOP facilities.

Accordingly, here in Texas the Marshals usually place someone into contracted jails. They may place the person into a local or state facility where jail residency is pursuant to a financial arrangement with the county or state. One example is the Joe Corley Processing Center in Conroe, Texas, which is operated by ICE and has an inter-governmental service agreement with the United States Marshal’s Service.

No two jail facilities are identical. They will each have their own policies for things like mail and visitation.

Pre-trial detainees in jail do get more rights than someone who has been convicted and placed in prison. For example, they are entitled to more opportunities to confer and communicate with their lawyers.

Family members are often shocked to find that the Marshals will not tell them where their loved one has been detained after being arrested for alleged violations of federal criminal laws.

Of note, the Marshals Service clarifies on its website that it “…does not own or operate detention facilities but partners with state and local governments using intergovernmental agreements to house prisoners. Additionally, the agency houses prisoners in Federal Bureau of Prisons facilities and private detention facilities. (The U.S. Marshals Service is implementing the President’s Executive Order on private detention facilities across facilities within the U.S. Marshals Service. As part of the implementation process, the U.S. Marshals Service is carefully examining its existing contracts with these facilities, while also taking care to avoid unnecessarily disrupting meaningful access to counsel, timely court appearances and case resolutions, and access to family visitation and support.)”

The non-federal facilities used by the Marshals to house pre-trial detainees must conform to the Federal Performance Based Detention Standards established to insure that they are safe, humane, and protective of the detainee’s legal rights.

Finding Detained Loved One to Contact or Visit After Marshal’s Arrest

It is usually with the help of an experienced federal criminal defense lawyer that family members and friends learn of the current location of their loved one who has been arrested and detained by the U.S. Marshal’s Service.

More on how a lawyer can help to find a loved one who has been arrested by the U.S. Marshals Service is discussed below.

Visitation can be overwhelming in its own right, even after the location is confirmed. Systems vary depending upon the facility. Usually, guidelines will allow for immediate family (brothers, sisters, parents, children, spouses) to visit; extended family members may be approved, too (think grandparents, aunts, uncles); some friends may be allowed to visit, as well as employers and members of the clergy.

Visitors have to be approved for visitation by the facility. There will be background checks and identification confirmation. Then, names are placed on an approved visitors’ list for the pre-trial detainee. There may be requirements for appointed times and advanced notice before the visit can take place, too.

Visitors should expect to meet the facility dress codes and various security requirements (like going through metal detectors and maybe searches). Children under a certain age may or may not be allowed to visit the pre-trial detainee.

As for sending care packages or writing letters, the facility will have its own practices and procedures. Usually, packages are not allowed to be mailed to the pre-trial detainee. Federal mailing rules may be different than those in state or local facilities.

Arrest and Release: Need for Speed in Federal Criminal Defense

Obviously, the faster that a criminal defense lawyer is able to start work on building a defense for the accused, the better. Establishing an attorney-client relationship for those who have a gut instinct or a hint they are under federal investigation provides the most time for preparation, of course.

However, when the person is surprised to be taken into custody by U.S. Marshals and their loved ones are shocked to learn of their arrest, the speed with which they secure legal representation is extremely important.

Consider this. As an experienced federal criminal defense attorney, there are times when I am contacted by horrified and scared family members who are given absolutely no information by the U.S. Marshals Service after an arrest has been made on a sealed warrant or sealed indictment. They know zip, other than an arrest has been made.

In these situations, I can usually get that information for them because of my experience dealing with the Marshals as well as the federal courts. I may be able to help them find the location of their loved one, which is very comforting in these stressful situations. It’s a relief just to confirm exactly where they are.

Afterwards, I will be able to work with family and friends, as well as the detainee-client, to prepare for the detention hearing. This is critical. These hearings are on a time-ticker under the law; they usually happen within the next three (3) days (according to the Bail Reform Act).

This swift and speedy hearing is fast for a reason. It deals with getting the pre-trial detainee released from jail quickly.

The faster we can all get to work, the better with this seventy-two hour deadline from arrest to hearing. Loved ones can be instrumental in helping to gather evidence for the judge, such as documentation of financial stability; letters confirming current employment; facts that support defense arguments that there is no risk of flight before trial, etc.

In our next article, we will discuss issues surrounding obtaining the release of the detained loved one as soon as possible, so they can regain their freedom prior to trial – and when this may not be possible under federal law. The federal system is very different from the Texas system of private bail bonds, among other things.

For more, read:

• Why You May Need a Federal Criminal Defense Lawyer in Texas;

• Grand Jury Proceedings in Texas: Indictment and Defense;

• Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview;

• How Criminal Charges Get Dropped in State and Federal Cases;

and review these recent case results: The Case of the Drug Trafficking, Money Laundering Indictment in Eastern District of Texas: Supervised Release; and The Case of the Non-Citizen Facing Felony PPP Fraud Indictment: Innocent of All Charges.

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For more information, check out our web resources, read Michael Lowe’s Case Results, and read, ”Federal Investigations: Target Letters, Proffers, and Plea Deals.”