A federal arrest in Houston starts a clock that runs faster than most people expect. Within days, a magistrate judge will decide whether you go home or stay in custody until trial. Brian Foley explains the hearings in this video.
Initial appearance
Under Federal Rule of Criminal Procedure 5, you are brought before a U.S. Magistrate Judge — in Houston, at the Bob Casey Federal Courthouse — without unnecessary delay after arrest. The judge informs you of the charge, your rights, and your right to counsel; appoints counsel if needed; and addresses release. If the government moves for detention, the judge sets a detention hearing, typically within three business days (the defense may ask for up to five to prepare).
The detention hearing
This is the hearing that matters. Under the Bail Reform Act, 18 U.S.C. § 3142, the judge must release you on the least restrictive conditions that will reasonably assure your appearance and the safety of the community — unless the government proves you are a flight risk (by a preponderance) or a danger (by clear and convincing evidence). For certain charges — most drug offenses carrying ten years or more, firearms offenses, and others — there is a rebuttable presumption of detention that the defense must overcome.
Pretrial Services interviews you and prepares a report with a recommendation. The defense presents ties to the community, employment, family, a proposed third-party custodian, and a release plan — often with witnesses. This hearing is won or lost on preparation, and it happens within a week of arrest.
Arraignment
After indictment, you are arraigned: the indictment is read, a not-guilty plea is entered, and the scheduling order sets discovery and motion deadlines. In the Southern District, this is usually a brief proceeding.
Why federal is different
No bond schedule. A presumption of detention in many cases. A government that has often investigated for months before the arrest. And a Pretrial Services report that follows you through the case. Brian Foley and Luis Baez handle federal cases in the Southern District of Texas. See our federal criminal attorney page or call or text (713) 703-1718.