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Michigan Federal Criminal Defense — Risk of Flight Issues

By October 30, 2018May 8th, 2020No Comments

In a Michigan federal criminal case, the federal court will assess whether the accused is a flight risk.  A Michigan federal criminal lawyer will be able to analyze the individual circumstances to determine if being seen a flight risk should be of concern.   Pretrial detention is only appropriate in specific limited circumstances, including a case that involves “a serious risk that [the defendant] will flee[.]” 18 U.S.C. § 3142(f)(2)(A). It is the Government’s burden to prove “by a preponderance of the evidence, that the defendant is a flight risk[.]” United States v. Walton, No. 13-20512, 2013 WL 5539604, at *5 (E.D. Mich. Oct. 8, 2013). Notably, the legal standard “is one of reasonable assurances, not absolute guarantees.” United States v. Walls, No. CR 2-06-192, 2008 WL 213886, at *1 (S.D. Ohio Jan. 23, 2008) (quoting United States v Orta, 760 F.2d 887, 888 fn. 4 (8th Cir. 1985)). In our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception.” Salerno, 481 U.S. at 755.

Things that may work against a person facing a Michigan federal crime include having significant resources, a motive to flee, international connections, and owning property in other countries.  There are many ways a Michigan federal criminal defense lawyer can help ensure the court the defendant will not flee.  For example, turning over the person’s passport, using electronic tethers, and having third party custodians assigned the task of watching over the accused are some ways our office has helped defendants remain free during cases. It is much easier to defend a case when the accused is allowed to remain at home on bond versus being detained in jail. If you are facing Michigan federal allegations, please call our office to schedule a consultation.  We will take the time to meet with you face-to-face and determine if you may be seen as a risk of flight.

Author Shannon Smith

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