Criminal Defense Lawyers

Understanding Federal Detention Hearings: How to Get Out on Bail

Understanding Federal Detention Hearings: How to Get Out on Bail

Getting arrested and charged with a federal crime can be an incredibly stressful and scary experience. Many people find themselves overwhelmed when they are suddenly thrust into the complex federal criminal justice system. One of the first major hurdles you will encounter is the detention hearing, where a judge decides whether you should be released pending trial or detained in jail.

Navigating federal bail laws and procedures can be confusing. This article provides a practical overview of federal detention hearings so you understand what to expect and how to increase your chances of being released.

What is a Federal Detention Hearing?

A federal detention hearing, also sometimes called a bail hearing or bond hearing, is a legal proceeding where a judge determines if a defendant arrested on federal charges should be released pending trial or detained in jail until their case is resolved. The hearing usually happens within a few days after an initial court appearance.

The purpose of the hearing is for the judge to decide if the defendant poses either a flight risk (risk of not returning to court) or a danger to the community. If the judge determines either factor exists, they can order the defendant detained without bail under the Bail Reform Act. However, if the judge finds the defendant is not a flight or safety risk, they will set bail terms allowing pretrial release.

What Factors Do Judges Consider?

Federal law requires judges to consider certain factors when deciding whether to release or detain a defendant. Key factors include:

• Nature and circumstances of the charges: More serious charges often weigh in favor of detention. Judges specifically consider if the case involves crimes of violence, terrorism, sex crimes, or offenses with lengthy prison terms.
• Weight of evidence: Judges assess the apparent strength of the government’s case. Strong government evidence often points towards detention.
• History and characteristics of the defendant: Judges review factors like prior criminal record, history of violence, ties to the community, employment, health conditions and more. Strong community ties support release.
• Danger to community: Judges evaluate whether release poses an articulable threat to public safety. Dangerousness weighs heavily in favor of detention.
• Flight risk: Judges assess the risk the defendant may flee or fail to appear for future court dates. A high flight risk supports detention.

While judges must consider these factors, the two that carry the most weight are traditionally danger to the community and flight risk.

What Can I Expect at the Detention Hearing?

Detention hearings move quickly, often lasting less than an hour. They tend to be less formal than a trial. The government presents their argument why you should be detained, then your defense lawyer responds with counter arguments for your release.

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Here’s how it usually goes:

• Judge summarizes the charges: The judge briefly explains the charges and potential penalties.
• Prosecution argument: The prosecutor summarizes why you are a flight risk or danger to the community. They may “proffer” evidence verbally but do not have to present witnesses or documentation.
• Defense argument: Your lawyer highlights information about your background and ties to the community, disputes the prosecution’s claims, and proposes release conditions like bond, GPS monitoring, etc.
• Defendant testimony (optional): You can choose to testify about issues related to flight risk and dangerousness, but it is not required. Testifying can be risky because the prosecution can cross examine you.
• Rebuttal arguments: Each side gets a chance to respond to arguments made by the other side.
• Judge’s ruling: The judge decides whether to release you on bond or detain you. Sometimes judges take a recess to carefully weigh the decision.

How Can I Get Released on Bail?

The best way to get out on bail is to show the judge you are not a danger or flight risk. Having an experienced federal defense lawyer argue for your release makes a major difference as well.

Here are some key strategies to get released pending trial:

1. Highlight Community Ties

Strong connections to family and community are perhaps the most influential factor. Be prepared to present evidence about:

• Length of time living and working in the area
• Family members living locally
• Ongoing medical care or family responsibilities
• Active membership in community organizations
• Immigration status if applicable

Letters from family and friends about your character can help as well.

2. Dispute Dangerousness

If the charges allege violence or weapons, be ready to challenge those accusations and demonstrate you don’t pose a public safety threat. For example, if a gun charge is only based on weapon possession, point out there was no violent conduct involved.

3. Propose Release Restrictions

Suggest strict rules like GPS monitoring, home detention, no drug/alcohol use, and regular check-ins with pretrial services to show the judge you can be safely managed in the community.

4. Get Character References

Ask close friends, employers, clergy members and other upstanding people who know you well to testify or write letters vouching for your law-abiding character.

5. Present a Financial Bond

Many judges feel more reassured releasing defendants who have “skin in the game” by posting a cash bond or securing a bail bond. They see it as incentive to keep showing up for court dates.

What if I Lose the Detention Hearing?

Not winning at your first detention hearing does not necessarily mean you will stay locked up until your case finishes. You can request another detention hearing by showing new information, such as securing a job, completing drug treatment classes, or getting counseling. The judge will take a fresh look at the circumstances and could decide to now release you on bail.

You can also appeal the detention order to a District Court Judge or Circuit Court of Appeals. Higher courts are sometimes willing to overturn detention rulings if they find the lower judge abused their discretion.

Conclusion: Understand the Process and Advocate Hard for Release

Fighting federal pretrial detention starts with understanding what detention hearings entail and how judges make release/detain decisions. Hiring an experienced attorney who knows federal bail laws is also extremely helpful. The lawyer can advise you on the process, gather evidence to dispute detention factors, and forcefully argue for your release on bail.

While the government enjoys an advantage in detention hearings, it is still very much a contested matter. An effective lawyer can frequently win release for defendants despite serious charges by demonstrating individualized factors indicating they do not pose unmanageable flight or safety risks. Every person and case has unique strengths to work with, so advocate vigorously for your freedom pending trial.

I hope this overview gives you a helpful understanding of federal detention hearings. The key is not to panic, educate yourself on the system, and work smart towards your release.