When a person is arrested and charged with a federal crime, it is important to hire the best federal criminal defense lawyer you can find. Hiring the best federal lawyer can make the difference between being stuck in jail during the pendency of the case, or being allowed bond.
When a person is arrested, judicial officers (a judge or magistrate) will have authority to determine bail. One of four things can happen: (1) the Defendant may be (1) released on his own recognizance or upon execution of an unsecured bond, (2) released on a condition or combination or conditions, (3) temporarily detained to permit revocation of conditional release, deportation, or exclusions, or (4) detained. 18 U.S.C. § 3142(a).
In order to hold someone in jail during the pendency of their case, the Court must find that “no conditions or combination of conditions [set forth under 18 U.S.C. § 3142(b) or (c)] will reasonably assure the appearance of the person as required and the safety of any other person and the community[.]” 18 U.S.C. § 3142(e) after a detention hearing. The Supreme Court, in United States v. Salerno, 481 U.S. 739 (1987) cautioned that “[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Id., at 755. For this reason, the defendant may be detained only if the judicial officer finds by (1) clear and convincing evidence, that the defendant is a danger to the community, or (2) by a preponderance of the evidence, that the Defendant poses a risk of flight. See, 18 U.S.C. § 3142(f); United States v. Quartermaine, 913 F.2d 910, 916 (11th Cir. 1990). The default position of the law is that the defendant should be released pending trial. United States v. Stone, 608 F.3d 939, 945 (6th Cir. 2010).
Our firm has experience dealing with detention issues in federal court and can help if you or a loved one are facing a federal crime. Our federal criminal defense team can help determine the best arguments on this issue. Our firm was credited with obtaining one of the highest unsecured bonds in federal court history in the Eastern District of Michigan. If you or a loved one are facing a federal crime, call us today for a consultation.