Bond Hearing/Bail Heating
Federal Pretrial Release and Detention Hearing
The most significant action that will occur at the initial appearance in the federal criminal case will be the determination by the Federal Judge as to the pretrial release status of the defendant. This is a critical stage in the federal criminal case as the outcome will dictate whether the defendant is released while the case is pending or incarcerated while the case is pending. At a minimum, federal cases generally last one year. The Bail Reform Act of 1984 authorizes and sets forth the procedures for a Federal Judge to order release or detention of an arrested person pending trial.
The defendant must be released from custody unless the Government can show:
- Defendant is a flight risk, or
- Defendant is a danger to the community.
18 United States Code 3142, more commonly referred to as The Bail Reform Act of 1984 favors the least restrictive condition or combination of conditions, that will reasonably assure the appearance of the defendant at court proceedings as required and ensure the safety of any other person and the community.
It is absolutely critical that you have a lawyer that is intimately familiar with the proceedings of the federal bond hearing to ensure release.