Federal Arrest in Miami: A Guide for Families

What just happened#

• Federal agents can arrest someone on a complaint, an indictment, or a warrant.
• After a federal arrest, the person must be brought before a judge. Federal Rule of Criminal Procedure 5(a)(1)(A) says: “A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.”
• In the Southern District of Florida, that first hearing is usually in front of the duty magistrate judge. The duty judge changes. It may be a different judge each day.
• The court’s own FAQ says: “Usually he/she will appear before a Magistrate Judge the next business day.”
• In our experience, families often can’t see anything online at first. Early in a federal case, the court file may be sealed. That means the public can’t see it.

Where they are likely held#

• In our experience, people arrested on federal charges in Miami usually go to FDC Miami, the Federal Detention Center downtown.
• FDC Miami
  33 NE 4th Street, Miami, FL 33132
  Phone: 305-577-0010
• In our experience, a person may not show up right away in the federal inmate search after an arrest.
• The BOP inmate locator: www.bop.gov/inmateloc/
  • It covers federal inmates “from 1982 to the present.”
  • “Not in BOP Custody” does not always mean free. The Bureau of Prisons says the person “may still be in the custody of some other correctional/criminal justice system/law enforcement entity.”
  • Have the full name and date of birth ready. The court’s FAQ also says to have the “prisoner number” if you have it.

How to find out if they’re in court today#

Step 1. Check the duty magistrate schedule that morning.
In Miami, first appearances are usually in the Atkins building or the King building. The court posts who is on duty each day, and where:
Duty Judge Assignment Schedule, Magistrate Judges
The courtroom can change from day to day. Check it that morning.

Step 2. Know the times.
The court’s Magistrate Judge Section lists Miami duty magistrate court Monday through Friday, 10 a.m. and 1:30 p.m. The courtroom is listed as to be determined. That is why the daily schedule matters.

Step 3. Use the public sources first.
Even before you hire a lawyer, you can try to find where your loved one is:

• the duty schedule (above);
• the BOP inmate locator;
• FDC Miami;
• the U.S. Marshals Service in Miami;
• the courthouse main line.

The numbers are in the table below.

Step 4. If the case is sealed, this is where a lawyer helps.

• Calls to a judge’s chambers are for the lawyer on the case only. One judge’s page says: “Only counsel of record may contact chambers.”
• Here is our process: we call the magistrate’s chambers and the Magistrate Judge Section and arrange this on the family’s behalf.
• In our experience, when the case is sealed, that call is often the fastest way to learn if the person is on today’s calendar.

Who to call#

These are the places a family can use to find out where the person is.

Calls to judges’ chambers are for the lawyer on the case. That is part of what we do for families (see “How we help”).

The buildings: a quick guide#

All four are downtown, a few blocks apart.

Wilkie D. Ferguson, Jr. U.S. Courthouse
400 North Miami Avenue, Miami, FL 33128. (305) 523-5100.

Directions

• Courtrooms for the district judges.
• The U.S. Marshals’ Miami office is on the 6th floor.
• The Clerk’s Office (8th floor) and the Financial Section (8th floor) are here. That is where bond money is posted.
• U.S. Probation is on the 9th floor.
• In our experience, after the first appearance and bond, the case is handled by a district judge here, unless the judge sends matters to a magistrate judge.

C. Clyde Atkins U.S. Courthouse
301 North Miami Avenue, Miami, FL 33128. (305) 523-5100.

Directions

• The Magistrate Judge Section is in Room 392.
• Several magistrate judges have chambers here.
• First appearances are usually here or in the King Building. Check the duty schedule that morning.

James Lawrence King Federal Justice Building
99 N.E. Fourth Street, Miami, FL 33132. (305) 523-5100.

Directions

• Magistrate judges’ courtrooms and chambers. First appearances are sometimes held here. Check the duty schedule.
• The U.S. Attorney’s Office (the federal prosecutors) has its Miami office here. Your lawyer deals with the prosecutor. You should not.

FDC Miami (Federal Detention Center)
33 NE 4th Street, Miami, FL 33132. 305-577-0010.

Directions

• Run by the Federal Bureau of Prisons.
• The BOP says to call ahead to confirm visiting hours before you go.

Bring a photo ID. The court says a picture ID is required to enter any of its courthouses. Check the court’s list of prohibited electronic devices before you go.

Map and parking#

Approximate map. Building and parking markers use GPS coordinates; street lines are approximate. Tap or hover a marker for details and directions.

Open the area in Google Maps

About a 2 to 3 block walk from the parking to each building.

• 1
  Wilkie D. Ferguson, Jr. U.S. Courthouse400 North Miami Avenue, Miami, FL 33128

  Directions

• 2
  C. Clyde Atkins U.S. Courthouse301 North Miami Avenue, Miami, FL 33128

  Directions

• 3
  James Lawrence King Federal Justice Building99 N.E. Fourth Street, Miami, FL 33132

  Directions

• 4
  FDC Miami (Federal Detention Center)33 NE 4th Street, Miami, FL 33132

  Directions

• P
  Parking garage (city garage)about 40 NW 3rd StreetParking we use. Address approximate.

  Directions

• P
  Open surface lotabout 49 NW 2nd StreetParking we use. Address approximate.

  Directions

Parking we use:

• The multi-level city garage on NW 3rd Street, between NW 1st Avenue and North Miami Avenue (about 40 NW 3rd Street). This is the Miami Parking Authority garage the court names in its own directions.
• The open surface lot next to it, on the west side, toward NW 1st Avenue, around NW 2nd Street (about 49 NW 2nd Street).
• Both are about a 2 to 3 block walk to the Atkins, Ferguson and King buildings and FDC Miami.
• These addresses are approximate. We don’t list rates or hours. Check the signs when you arrive.
• The court also says there are public parking lots (fees charged) within walking distance of all its locations.

Train:

• The court’s directions: take Metrorail to the Government Center station. Then take the Inner Loop Metromover to the Wilkie D. Ferguson Jr. station (first stop).

What NOT to do#

• Do not talk about the case on jail calls. The Bureau of Prisons says a notice is posted next to each inmate telephone saying calls are monitored. Assume every call, message and video visit can be heard by the government.
• Do not talk to agents without a lawyer. At the first appearance, the judge must tell the person about the right not to make a statement, and that any statement can be used against them (Fed. R. Crim. P. 5(d)(1)(E)). That right matters for families too: you do not have to answer agents’ questions without a lawyer.
• Do not post about the case on social media.
• Do not contact witnesses or anyone else in the case. The federal bond form lists federal crimes for intimidating a witness, obstructing an investigation, and tampering with or retaliating against a witness.
• Do not send money to the facility address. The BOP says money for federal inmates goes through a central processing center, not the facility.
• Do not sign bond papers you don’t understand. Signers can owe the full bond amount (see below).

What happens next#

First appearance.
In a felony case, Rule 5(d) says the judge must tell the person about:

• the complaint and any affidavit filed with it;
• the right to hire a lawyer, or ask for one to be appointed;
• when they may be released before trial;
• any right to a preliminary hearing;
• the right not to make a statement.

The judge must also give the person a reasonable chance to talk with a lawyer.

Release or detention.
Federal law, 18 U.S.C. § 3142, lets the judge:

• release the person on their own promise, or on an unsecured bond;
• release them with conditions;
• hold them for a short time in certain situations; or
• order them held (detained) until trial.

Detention hearing.
If the government asks to hold the person, there is a detention hearing. The law says: “The hearing shall be held immediately upon the person’s first appearance before the judicial officer unless that person, or the attorney for the Government, seeks a continuance.”

• A delay asked for by the defense generally can’t be more than five days. A delay asked for by the government generally can’t be more than three days. Weekends and legal holidays don’t count. The person stays in custody during the delay.
• At the hearing, the person has the right to a lawyer, and can testify, present witnesses, cross-examine witnesses, and present information.

What the judge looks at (18 U.S.C. § 3142(g)):

• the charge and its circumstances;
• the weight of the evidence;
• the person’s history, including family ties, job, money, how long they’ve lived here, community ties, criminal history, and record of showing up to court;
• whether they were on probation, parole or other release at the time;
• any danger to others or the community.

Federal bonds vs. Florida state bonds#

These are different systems. A state bondsman’s rules don’t carry over to federal court.

Federal court (18 U.S.C. § 3142 and the S.D. Fla. Appearance Bond):
The names below are the ones the statute, the form and the court’s bond checklist use.

• Personal recognizance or unsecured appearance bond (18 U.S.C. § 3142(b)). The person is released on their promise. With an unsecured appearance bond, the amount is owed only if the terms are broken.
• Cash bond, or 10% (or other percentage) bond (the court’s checklist). Money is deposited with the court. The checklist says the judge’s signature is needed before funds are posted. The court accepts cashier’s checks, money orders, trust account checks, and cash. No personal checks. No credit cards. Checks go to “U.S. Courts.” Funds are posted at the Financial Section, Ferguson Courthouse, 8th floor.
• Corporate surety bond. The form has a signature block for a CORPORATE SURETY and its agent. The court’s checklist says the bondsman must have the power verified at the Clerk’s Office, Ferguson Courthouse, 8th floor.
• Personal surety bond. The form has signature blocks for INDIVIDUAL SURETIES, each with a line for “RELATIONSHIP TO DEFENDANT.” The form says sureties are bound “jointly and severally.” If the person breaks the conditions, the form says the sureties have “an immediate obligation” to pay the full bond.
• Property. Section 3142(c)(1)(B)(xi) lets the judge require an agreement to forfeit property, with proof of ownership and value.
• Getting cash back. The court says funds “cannot be disbursed without a Court Order.” The lawyer or depositor must file a motion.

Florida state court (Fla. R. Crim. P. 3.131):
The state judge must use the first of these that is enough:

• Personal recognizance (often called ROR);
• an unsecured appearance bond;
• release on nonmonetary conditions (for example, keeping a job, reporting to a pretrial services agency, or a curfew);
• a bail bond with sufficient solvent sureties, or the deposit of cash (what most people call a surety bond).

Florida’s rule also has a presumption in favor of release on nonmonetary conditions, except as the rule provides.

The Appearance Bond form#

The S.D. Fla. Appearance Bond (revised 03/2025) is posted on the court’s forms page:
www.flsd.uscourts.gov/forms/all-forms/magistrate_forms

Download the Appearance Bond (PDF, court's website)

Fill it in with your lawyer. Not alone.

Strategy: why get it ready ahead of time

• The form is seven pages. It lists the standard conditions and many possible special conditions, like surrendering passports, location monitoring, or a third-party custodian.
• In our experience, families who gather the information early can help the lawyer present a release plan at the first appearance.
• Signing makes you a surety. You can owe the full amount. Your lawyer should explain that before anyone signs.

Procedure: what happens at the first appearance

• The form starts with a blank after “APPEARANCE BOND:” for the bond.
• In court, the prosecutor reviews the bond terms with the defense lawyer.
• The agreed form goes to the U.S. magistrate judge, who signs it. The last page has the line “APPROVAL BY THE COURT” for the magistrate judge. The prosecutor does not sign the form.
• If the judge orders more than one bond, the court’s checklist says you need a separate packet for each one.
• The defendant signs. Sureties sign if ordered. Addresses and phone numbers are filled in. Signatures are witnessed.
• Conditions can include a landline. The checklist says U.S. Probation must verify it before release.

Paperwork: where the papers go

• The court’s checklist says bond papers must be submitted to the Deputy Clerk.
• In our experience, after the magistrate judge signs, the papers go to the courtroom clerk.
• For cash or percentage bonds, bring the paid receipt back to the Deputy Clerk in Room 392, Magistrate Judge Section.
• If passports must be surrendered, they go to U.S. Probation, Ferguson Courthouse, 9th floor.

Family checklist: gather this now#

Bring these answers and papers to the lawyer:

• Does the person own a home?
• Is the person a U.S. citizen?
• Ties to South Florida: family here, job, how many years here.
• Anything that could look like a flight risk (travel, property or family abroad).
• Collateral: is there a house that could be posted? Bring the deed or tax bill, and any mortgage statement.
• Prior criminal history, if any.
• Recent travel.
• Passports (bring them to the lawyer; the court may order them surrendered).
• A letter from the employer.
• A list of family who could sign as sureties, with their addresses and phone numbers.
• Proof of where the person lives (lease, utility bill).
• Medical needs and medications, with names and doses.
• Full legal name, date of birth, and any register or prisoner number.

How we help#

• We call the magistrate’s chambers and the Magistrate Judge Section and arrange this on the family’s behalf. That includes finding out if your loved one is on today’s calendar, even when the case is sealed.
• We can be there for the first appearance.
• We can help prepare the bond papers and a release plan with your family.
• We can explain each step, in English or Spanish.

Every case is different. No lawyer can promise a result.

Call (305) 209-0384. 24/7. English and Spanish.

Dennis Gonzalez Jr., Esq., former Miami-Dade prosecutor. Dennis Gonzalez Law, P.A.

This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Phone numbers, addresses and procedures were checked against official government websites on October 28, 2026. They can change. Always confirm with the official source.