How Federal Criminal Lawyers Fight Pretrial Detention

Being charged with a federal crime can be an incredibly scary and overwhelming experience. Many people find themselves anxious about the possibility of being detained before trial. Pretrial detention means being held in jail from the time you are charged until your criminal case is resolved. This could last weeks, months, or even years in some cases!

The good news is that experienced federal criminal defense attorneys have many strategies to fight pretrial detention and keep their clients out on bail while their case moves forward. In this article, we’ll break down exactly how federal lawyers work to avoid pretrial jailing and make sure you can fight your criminal charges from the comfort of home.

The Detention Hearing

After being arrested and charged, the first battle is avoiding being detained pretrial at your initial court appearance, known as the detention or bail hearing. This is one of the most critical stages of a federal criminal case. The prosecutor will argue that you are either a flight risk or a danger to the community, and therefore should be jailed pretrial.^[1]

Skilled federal defense lawyers counter these arguments in a few key ways:

• Highlighting your strong community ties – stable job, long residence, family in the area
• Proposing release conditions – electronic monitoring, daily check-ins
• Disputing the prosecution’s claims – correcting errors, providing context
• Presenting an individualized custodial plan – where you would reside if released

In essence, they humanize the defendant and provide reassurances to the court that they are not a flight risk or danger if released on bail. This involves gathering a tremendous amount of information about the defendant’s background. The lawyer must then present this evidence and argue zealously to rebut the prosecution’s detention request.

Filing an Appeal After Detention

If bail is denied at the first hearing, federal criminal defense lawyers immediately file an appeal. This involves submitting legal briefs and evidence asking the court to reconsider detention. Common arguments in detention appeals include:

• The court did not properly weigh the statutory factors
• Changed circumstances warrant release – new employment, treatment program
• Comparisons to similarly situated defendants who were released
• Challenges to the strength of the government’s case

Experienced attorneys will also leverage their relationships with prosecutors to continue negotiating for release pending the appeal.

Requesting Bond Review Hearings

If an appeal is unsuccessful, the defense will request ongoing bond review or bail hearings. New hearings can be requested when circumstances materially change in a case. For example, as the case drags on, arguments that the defendant is a flight risk become weaker.

The court must also review detention periodically under the Speedy Trial Act. Experienced counsel will aggressively pursue these mandatory reviews.

At review hearings, the defense presents updated evidence and arguments for why detention is no longer justified. This provides recurring opportunities to convince the court that continued jailing violates due process.

Filing Motions to Dismiss the Indictment

In some cases, prosecutors will agree to dismiss charges if the defense files persuasive legal motions attacking defects in the case. Common pretrial motions in federal cases include:

• Motion to suppress evidence – arguing evidence was illegally obtained
• Motion to dismiss the indictment – challenging legal basis of charges
• Motion for a bill of particulars – requiring more case details

If charges are dismissed, the defendant avoids both pretrial detention and the risk of conviction at trial. Savvy federal lawyers use pretrial motions strategically both to strengthen the defense, and as leverage to end prosecution.

Negotiating Plea Deals

Most federal cases end in a negotiated plea deal rather than trial. The defense will leverage weaknesses in the government’s case to secure a favorable agreement. Common negotiating points include:

• Leniency in sentencing recommendations
• Dropping or reducing charges
• Avoiding mandatory minimum sentences
• Agreeing not to bring additional charges

If a plea deal is reached, the defendant will likely be released pending sentencing or immediately sentenced to a short prison term. Either way, pretrial detention ends. Good federal lawyers work tirelessly to get a plea offer that satisfies both sides and frees their client.

Takeaways

The bottom line is that skilled federal criminal defense lawyers have many tools to avoid or end pretrial detention. They work aggressively to keep clients out on bail through:

• Zealous advocacy at detention hearings
• Creative appeals of detention orders
• Strategic requests for bond reviews
• Legal motions targeting case weaknesses
• Favorable plea negotiations

While the prosecution starts with the advantage, an experienced federal attorney can overcome that through preparation and persistence. If you or a loved one are charged federally, don’t leave freedom to chance. Hire a knowledgeable lawyer to put these strategies to work fighting for your pretrial release today.