Criminal Defense Lawyers

What to Expect at Federal Detention and Bail Hearings

What to Expect at Federal Detention and Bail Hearings

When someone is arrested on federal charges, they go through an initial court appearance called an arraignment. This is when the defendant hears the charges against them and enters a plea. The judge also makes decisions about bail and pretrial detention at this hearing.

Overview of the Bail Reform Act

Federal bail law is governed by the Bail Reform Act of 1984. This law says that most defendants have a right to pretrial release, often called “bail.” The main exceptions are if the judge finds that no release conditions can reasonably assure public safety or that the defendant is a flight risk.

The law creates a presumption of release, meaning defendants should usually get bail. But prosecutors can file a motion for pretrial detention, asking the judge to detain the defendant before trial. This sets up a legal battle at the bail hearing.

What Happens at an Initial Appearance

After an arrest on federal charges, defendants go before a judge for an initial appearance within 48 hours. This hearing has three main parts:

Arraignment: The judge informs the defendant of the charges against them and their rights. Then the defendant enters a plea, almost always “not guilty” at this early stage.

Bail Determination: The judge decides whether to release or detain the defendant before trial. Prosecutors often argue for detention.

Discovery: The prosecution must share certain evidence with the defense early on. This process starts at the initial appearance.

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Defendants who cannot afford an attorney are appointed one at no cost. The bail decision often turns on the lawyer’s oral arguments.

Key Factors in Bail Decisions

Federal law requires judges to consider certain factors when deciding bail, including:

• Nature of the Charges: More serious alleged crimes make detention more likely. Offenses like terrorism or murder often result in detention.
• Weight of the Evidence: Judges consider how strong the case looks early on based on the available evidence. Weak cases may get bail where strong ones do not.
• History and Characteristics of the Defendant: Judges review factors like the defendant’s criminal record, ties to the community, drug abuse history, etc. Stable defendants often get bail.
• Danger to Community: Defendants who seem likely to commit more crimes may be detained as safety risks. But speculative danger is not enough.
• Risk of Flight: Those with means to flee the area and weak community ties may be deemed flight risks. Most defendants with strong connections are released.

Judges must explain their reasoning in writing when they order someone detained before trial.

What Happens at a Detention Hearing

Prosecutors usually argue for detention at the first court appearance. But the judge will sometimes schedule a second, more in-depth detention hearing instead. This allows both sides to further argue their positions.

Before this hearing, federal pretrial services conducts a background check on the defendant. They examine factors relevant to release and make a recommendation to the judge. While judges consider their recommendation, they can reach whatever decision they feel appropriate based on the law.

Detention hearings allow both sides to call witnesses and introduce evidence to support their arguments. The prosecution tries to show the defendant is dangerous and/or a flight risk. Defense lawyers typically argue the opposite.

In complex cases with lots of evidence to weigh, judges may delay ruling for days or weeks after the hearing. Quick decisions often happen for more clear-cut cases.

Possible Outcomes of Bail Hearings

There are three main potential outcomes from federal bail hearings:

Release on Personal Recognizance: No bail money required. The defendant simply promises to return to court or pay a penalty. Many first-time, low-level offenders get released this way.

Release with Conditions: The judge may order restrictions like GPS monitoring, drug testing, or home detention. The defendant may also have to pay some amount of bail money.

Pretrial Detention: The judge rules that no conditions can reasonably assure public safety or the defendant’s return to court. The defendant stays in jail leading up to trial.

Judges have broad discretion in setting bail and conditions of release. Their decisions significantly impact how the case unfolds.

Appeals of Bail Rulings

Lawyers can file emergency appeals asking higher courts to overturn detention orders. But appellate courts almost never second-guess discretionary decisions by lower court judges. Still, detainees have a legal right to appeal.

Bail situations can also change over time. Lawyers can file motions asking judges to reopen detention decisions if new evidence or events emerge. But getting out of jail post-hearing is an uphill climb.

Consequences of Pretrial Detention

Spending months or years in jail before conviction brings many damaging consequences, including:

• Job Loss: Most detainees get fired or must quit jobs due to absence. This causes major financial stress and instability.
• Strain on Family: Partners and relatives struggle with loss of income, childcare burdens, expenses for phone calls/visits, and emotional tolls.
• Worse Legal Outcomes: Research shows detained defendants plead guilty more often and receive longer sentences compared to similar bailed defendants. Detained defendants have a much harder time meeting with lawyers and preparing legal defenses.

While judges focus on public safety, pretrial detention seriously disrupts detainees’ lives in lasting ways.

The Bottom Line

Bail decisions have huge impacts for federal defendants and set the trajectory for their cases. Skilled criminal defense lawyers know federal bail law inside and out. They fiercely advocate for pretrial release and have the best chance of securing bail. Defendants should hire aggressive lawyers way before their first court appearance. The initial bail hearing largely determines the path ahead.