What are Conditions for Pre-Trial Release?

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A federal magistrate judge decides at an initial hearing if a person will remain in custody or may leave on bond. A detention order can leave the accused in custody and appearing in handcuffs for future hearings. It is critical to engage experienced criminal defense advice the moment you know of a potential investigation.

Appearance Before Magistrate Judge

An initial appearance is typically conducted by a U.S. magistrate judge. The judge informs the accused about the nature and the scope of the charges. Pursuant to 18 U.S.C. § 3142, the magistrate judge looks at the details of the case, reviews the accused’s background, and decides if the pending case deserves conditional release.

Who Must Appear at the Hearing?

Two scenarios lead to an initial appearance in the federal criminal justice system.

The Role of Lawyers

The role of a criminal defense lawyer at the initial appearance is vital. The lawyer must convince the judge that the accused is no danger to society. In addition, the individual agrees to remain in the residential district or country and to comply with registration and reporting conditions. With these assurances, therefore, the accused deserves to remain free.

The former federal prosecutors and experienced criminal defense attorneys at Oberheiden, P.C. offer free and confidential consultations to explore how to avoid pre-trial detention.

Contact Oberheiden, P.C. online today.

Factors the Court Considers for Pre-Trial Release

Detention and release of defendants during criminal investigations is controlled by the Due Process Clause of the Fifth Amendment of the U.S. Constitution, the Excessive Bail Clause of the Eight Amendment of the U.S. Constitution, and the Bail Reform Act of 1984.

Pursuant to 18 U.S.C. § 3142 and 18 U.S.C § 3141, the court must consider several factors regarding the accused to determine pretrial custody status. Among these are:

• nature of the offense
• prior arrests and convictions
• probation or parole status
• danger to other people or the community
• financial resources to flee
• foreign ties
• likelihood of future offenses pending continuation of the case
• likelihood to destroy or hide evidence
• citizenship status
• residence status in the United States
• age
• medical conditions

Conditional Release (Bond)

If granting conditional release, the judge typically imposes some restrictions and orders supervision by a U.S. probation officer.

In addition, pre-trial release generally means the individual must hand over all foreign and domestic passports. The accused must remain in contact and cooperate with the U.S. probation officer assigned to the case, and may not communicate in any way with victims and co-defendants. Contact with known criminals is also barred. Finally, the individual must pass random drug and alcohol tests, provide proof of employment, and all records on mental and physical conditions.

Violations of Conditions

If on conditional release, the accused can leave the courthouse and remain free pending further orders. Affecting release are violations of conditions, pleading guilty at re-arraignment, a finding of guilt at trial, or a judgment of incarceration at a sentencing hearing. Pretrial release orders advise the defendant that any violation of state or federal law during case resolution will result in a hearing and likely detention.

Pretrial Detention

Offenses most likely to result in pretrial detention include:

• crimes against children
• crimes involving violence
• crimes involving possession or use of a firearm or similar destructive device or dangerous weapon
• crimes with a maximum term of imprisonment of ten years or more
• offenses where the maximum sentence is life imprisonment or death, and
• violations of the Controlled Substances Act or the Controlled Substances Import or Export Act