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will i be detained after a guilty plea in federal court

Will I Be Detained After a Guilty Plea in Federal Court?

Pleading guilty in a federal criminal case is a major decision that can have significant consequences on your freedom. Many defendants wonder, “Will I be detained after a guilty plea in federal court?” The answer depends on several factors. This article will provide an overview of federal pretrial detention laws and policies after a guilty plea.

Federal Pretrial Detention Laws

In federal court, pretrial release and detention is governed by the Bail Reform Act of 1984 (18 U.S.C. §§ 3141-3156). This law gives federal judges guidance on whether to release or detain a defendant before trial and sentencing. It applies to initial pretrial release decisions as well as release or detention pending sentencing after a guilty plea.The Bail Reform Act says that generally, courts should release defendants on personal recognizance or unsecured bond, unless the judge determines that release will not reasonably assure the defendant’s appearance in court or the safety of any other person and the community 1. 

However, the law requires pretrial detention in certain circumstances.

Mandatory Pretrial Detention

Mandatory pretrial detention is required under 18 U.S.C. § 3143(a)(2) if a defendant pleads guilty to certain types of offenses, including:

• Crimes of violence
• Offenses with a maximum sentence of life imprisonment or death
• Drug offenses with a maximum sentence of 10 years or more
• Felony offenses involving minor victims or firearms, explosives, or other dangerous weapons
• Terrorism offenses
• Child pornography offenses
• RICO offenses 2

For these types of federal offenses, the judge must order the defendant detained after a guilty plea, with no discretion to release them.

Discretionary Pretrial Detention

For other types of federal offenses, pretrial detention is discretionary under 18 U.S.C. § 3143(a)(1). This means the judge will decide at the plea hearing whether to release or detain the defendant pending sentencing. The judge must order detention unless:

• The judge finds there is a substantial likelihood that a motion for acquittal or new trial will be granted, OR
• The government recommends no sentence of imprisonment be imposed 3.

So even if detention is not mandatory, the judge can still decide to detain a defendant after a guilty plea based on an individualized assessment of the case.Factors judges consider include 4:

• The nature and circumstances of the offense charged
• The weight of the evidence against the defendant
• The defendant’s history and characteristics, including criminal history, employment, ties to the community, drug abuse history, and record of court appearances
• The nature and seriousness of the danger posed by the defendant’s release

If the judge finds by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community or the defendant’s appearance, pretrial detention will be ordered.

Exceptions to Mandatory Detention

There are some limited exceptions to mandatory pretrial detention under 18 U.S.C. § 3145(c) even for offenses that normally require detention. A judge has discretion to order release if:

• There are exceptional reasons why detention is inappropriate, AND
• The defendant poses no risk of flight or danger to the community 5.

However, this exception is rarely granted. Don’t count on being released after pleading guilty to an offense requiring mandatory detention.

The Detention Decision

The pretrial detention decision after a guilty plea is made by the judge at the plea hearing. Be prepared to argue for release pending sentencing. Provide evidence of stable employment, residence, and ties to the community. Highlight any exceptional circumstances in your case. Have an attorney negotiate with the prosecution beforehand to recommend release.While release is possible in some cases after pleading guilty in federal court, the reality is many defendants are detained pretrial after a guilty plea, especially for certain serious offenses. Consult with your defense attorney to understand the likelihood of detention in your particular case. They can advise you of risks and benefits before deciding whether to plead guilty.

If Released After a Guilty Plea

If the judge grants release after a guilty plea, you will likely have to follow strict conditions such as 6:

• Electronic monitoring or GPS tracking
• Home confinement or curfew
• Avoiding contact with victims/witnesses
• Maintaining employment
• No possession of firearms or illegal drugs
• Regular reporting to pretrial services

Make sure you fully comply with all conditions if you hope to remain out of jail pending sentencing. Any violations could land you back in detention.

Consequences of Pretrial Detention

There are several potential consequences of being detained pretrial after pleading guilty:

• Jail conditions: Pretrial detention facilities tend to have more restrictive conditions than prison. You are more likely to be in solitary confinement and have less access to programs, visitation, and recreation.
• Sentencing impact: Research shows that detained defendants often receive longer sentences than those on pretrial release. Judges may view detention as an indication you pose a higher risk.
• Trial penalties: Pleading guilty avoids the risks and costs of trial. But if you are detained pretrial anyway, you lose a major benefit of pleading guilty.
• Psychological impact: Pretrial detention can cause psychological trauma, impact family relationships, and jeopardize jobs.
• Mounting costs: You may lose income while detained pretrial, and have to pay for electronic monitoring or supervision costs if released.
• Preparedness for sentencing: It may be harder to gather documents, complete programs, or prepare your case for sentencing while incarcerated.

Consider all these potential consequences carefully before deciding whether to plead guilty in federal court.

The Bottom Line

The bottom line is that federal law requires pretrial detention without bond for certain serious offenses after a guilty plea. For other crimes, the judge will make an individualized decision on detention. While exceptions are possible, expect to be detained after pleading guilty to federal charges, especially if you have a significant criminal record or public safety issues are present. Consult with an experienced federal criminal defense attorney to understand how federal detention laws apply to your specific case before making any plea decisions.

References

 https://www.law.cornell.edu/uscode/text/18/3142

 https://www.law.cornell.edu/uscode/text/18/3143

 https://www.law.cornell.edu/uscode/text/18/3143

 https://www.law.cornell.edu/uscode/text/18/3142

 https://www.law.cornell.edu/uscode/text/18/3145

 https://www.law.cornell.edu/uscode/text/18/3142https://www.prisonpolicy.org/research/pretrial_detention/