Federal Bail
Before you can be detained, there must be a detention hearing. You can present evidence at that hearing to tilt the scales in your favor.
Title 18 U.S.C. 3142
Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall determine the bail status and enter an order under one of four categories:
1) Released on partial recognizance or execution of an unsecured appearance bond;
2) Release on condition or combination of conditions as defined by Section 3142 (c)
For example, the Court may require employment, travel restrictions, no contact, curfews, forfeiting property, remain in the custody of a designated person who agrees to assume supervision.
3) Temporarily detained to permit revocation of conditional release, deportation or exclusion under Section 3142(d); or
4) detained pursuant to provisions of Section 3142(e).
Factors Judicial Officer Must Consider Regarding Defendant’s Eligibility for Release:
When making a determination regarding the eligibility, the judicial officer must consider the factors listed in Section 3142(g), including:
1) the nature and circumstances of the offense (violent or nonviolent, or narcotics);
2) the weight of the evidence against the person;
3) the history and characteristics of the person:
A) Character, family ties, employment, financial resources, length of time in the community, community ties, past conduct history relating to drug or alcohol abuse, criminal history, record of court appearances;
B) whether at the time of the current offense or arrest, the person was on probation, on parole, or on other release pending trial, sentencing, appeal, or completion of sentence;
4) the nature and seriousness of the danger to any person or to the community if the person is released.
Considerations Regarding Temporary Detention Orders: Title 18, United States Code, Section 3142(d) requires a judicial officer to enter an order of temporary detention in cases where a factual determination is made that:
the defendant is, and was at the time the offense was committed, on
release pending trial for a felony under Federal, State, or local law;
release pending imposition or execution of sentence, appeal of sentence or conviction, or completion of sentence, for any offense under Federal, State, or local law; or
probation or parole for any offense under Federal, State, or local law; OR
is not a citizen of the United States or lawfully admitted for permanent residence, as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(2); AND
the defendant may flee or pose a danger to any other person or the community.
18 U.S.C. § 3142(d) - The formula for calculating the 10 day temporary detention period is set forth in Section 3142(d). At the time the 10 day order is entered, the judicial officer must direct the attorney for the government to notify the appropriate "authorities" of the defendant's status. In the event that the "notified authority" declines to take the defendant into custody, then the judicial officer must make an independent determination regarding bail under the provisions of Sections 3142(b), 3142(c), and 3142(e)(if the government moves for detention).
Pretrial Motions for Detention: A defendant will be detained only if a judicial officer determines that no conditions or combination of conditions exist which will "reasonably assure the appearance of the person", see United States v. Xulam, 84 F.3d 441, 442 (D.C.Cir. 1996)(per curiam), and "the safety of any other person and the community." United States v. Rodriguez, 897 F. Supp. 1461, 1463 (S.D.Fla. 1995); 18 U.S.C. § 3142(c).
Cases Which Qualify For Detention Hearings:
Under Section 3142(f) there are specific situations where a judicial officer may hold a detention hearing.
1) Upon motion of the government attorney, in a case involving:
a crime of violence;
an offense with a maximum sentence of life imprisonment or death;
an offense for which the maximum term of imprisonment is 10 or more years as prescribed by the Controlled Substances Act;
any felony if a person has been convicted of two or more offenses
2) Upon motion of government attorney or on the court’s own motion, in a case that involves:
a serious risk of flight;
a serious risk the defendant will obstruct justice or threaten a witness.