Blog
How the Bail Reform Act Impacts Sentencing in Counterfeiting Cases
How the Bail Reform Act Impacts Sentencing in Counterfeiting Cases
The Bail Reform Act, passed by Congress in 1984, made some big changes to how bail works in federal criminal cases. One of the main things it did was give judges more power to consider someone’s dangerousness when deciding whether to let them out on bail before their trial. This has definitely had an impact on sentencing in counterfeiting cases.
So how exactly does it work? Well, under the Act, if someone is charged with certain serious crimes like counterfeiting, the judge can order them detained without bail if they think releasing them would be too risky. The judge looks at stuff like:
- The nature and circumstances of the crime charged
- The weight of the evidence against the person
- The history and characteristics of the person, including their criminal history and whether they might be a danger if released
If after considering all that the judge still thinks letting them out before trial would be an “unreasonable danger to the community,” they can order them detained. Its’ basically the judge trying to predict whether someone might commit more crimes if they let them out on bail.
Now when it comes time for sentencing if someone is convicted, the fact that they were detained pending trial definitely can effect the sentence. The sentencing guidelines judges use tell them to consider stuff like whether the person commited any crimes while they were out on bail. So if they were detained and didn’t have a chance to commit more crimes, that could help them at sentencing.
Also, the guidelines tell judges to look at things like whether the person has a history of steady employment or has made efforts at rehabilitation. Obvioulsy its a lot harder to hold down a job or do programs if your locked up with no bail through your whole case.
So in counterfiting cases where someone maybe gets denied bail because the crime seems so serious, it can kind of set them up for a higher sentence in the end. Even though denying bail is’nt officially punishment and shouldn’t effect the sentence, practically speaking it kind of does through those guidelines.
What About Mandatory Minimum Sentences?
Now the other big thing is how mandatory minimum sentences can come into play with counterfeiting crimes. If someone is convicted of certain federal counterfeiting offenses like under 18 USC Section 471, the judge basically has to sentence them to at least 2 years in prison, no exceptions.
So what happens if someone gets denied bail under the Bail Reform Act and then gets convicted and is facing a mandatory 2 year minimum counterfeiting sentence? Well even if the judge might want to give them less than 2 years because the pretrial detention already seemed like punishment, their hands are tied by that mandatory minimum.
Some people have argued that mandatory minimums are too harsh when combined with the denial of bail under the Bail Reform Act. The argument is basically that your punishing someone twice – once by detaining them pretrial and again with a strict mandatory sentence. But under current law the mandatory minimums still apply regardless.
So in summary, even though judges technically aren’t allowed to consider pretrial detention when imposing a sentence, practically speaking it can still impact the sentence in a few ways:
- The sentencing guidelines tell judges to look at things like employment history and rehabilitation efforts, which are harder to show if you’ve been detained
- Any new crimes committed while out on bail can significantly increase your ultimate sentence
- Mandatory minimum sentences still apply regardless of pretrial detention
The Bail Reform Act has definitely led to more people being detained without bail in federal counterfeiting cases when judges think they might be dangerous or commit more crimes if released. That pretrial detention indirectly effects the eventual sentence through the sentencing guidelines. And if mandatory minimum sentences apply, the judge has no choice but to impose them regardless of any punishment the denial of bail seemed to be.
So while its not technically correct for judges to view pretrial detention as punishment and lower sentences because of it, the reality is denying bail under the Bail Reform Act can and does ratchet up sentences in many federal counterfeiting cases.