If you’ve been arrested for a federal crime, you’ll wish to be released as quickly as possible on bail. The process works differently in federal court compared to many state courts. However, all will evaluate the risks of letting a defendant out of jail to await trial.
After arrest, you can be held in jail for up to three days before getting a bail hearing, unless you or your attorney request an additional two days. The bail hearing is before a federal magistrate judge, who determines whether you should be released, and if so, under what conditions.
Prior to the hearing, a Pretrial Services Officer will gather information about your background and circumstances, and make recommendations to the judge as to whether you should be released and the conditions that should apply. You can choose to be interviewed by the Officer; however, you should first discuss this with your attorney, as there are risks.
Importantly, the judge does not have to follow the Officer’s recommendation.
Under 18 U.S.C 3142, courts must release a defendant on their own recognizance, unless such release (1) will not reasonably assure the defendant’s appearance as required by law, or (2) will endanger the safety of another person or the community.
Courts will consider the risk of flight under the first prong. The judge will look at your financial resources and ties to the community to assess whether you may abscond before trial or do anything to obstruct justice.
For the second prong, the judge will determine if you are a danger to the community. This is typically invoked in drug, firearm, or violent crimes, and there is a presumption of detention in such crimes. However, it may also be relevant in financial crimes.
If you are released, you may have to comply with certain conditions. Under the law, judges must impose the least restrictive conditions that will reasonably assure your appearance in court and protect others. These could include posting a bond, electronic monitoring, travel restrictions, handing over your passport, drug testing, psychiatric treatment, curfew, limits on personal associations, and other requirements.
In federal court, there is no cash bail. Instead, defendants may be released on their own recognizance or be released subject to specified conditions as discussed above. One of these conditions may be to post a bond where you promise to comply with the conditions of your release and show up on your court dates. If you don’t comply, the government collects up to the amount of the bond. The bond may be secured with real estate or other property, or you may have co-signers who promise to pay if you do not. Co-signers are usually family or friends, and must meet with and be approved by the U.S. Attorney’s Office.
If you violate any of the conditions, you will face another hearing, which may result in a return to custody or a change in the conditions of your release.
You should have an experienced attorney representing you in your bail hearing. An attorney can help you present a strong case for release and minimal conditions, and ensure you don’t make statements that could be held against you later.
If you have been arrested or are under investigation, contact our firm to learn how we can protect your rights.