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Federal Detention Hearing (Bail-Bond)

Federal Bail Bond Hearing Tampa Florida

Federal Detention Hearing (Bail-Bond)

– by Your Tampa Criminal Defense Attorney, Daniel J. Fernandez

If you have been arrested for a federal offense you are entitled to a detention hearing. At a detention hearing, the Government bears the burden of establishing that no condition or combination of conditions of release will reasonably assure appearance of a defendant or the safety of the community. The Government bears the burden of proving risk of flight by preponderance of the evidence and danger to any other person or the community by clear and convincing evidence. The burden of persuasion remains with the Government.


Title 18, U.S.C., Sections 3141 through 3156 govern the release and detention of a defendant pending judicial proceedings. These statutes require a judicial officer to determine whether the defendant should be released or detained prior to trial. 18 U.S.C. § 3142(a).  In making this decision, the officer must factually decide whether there are conditions of release that will reasonably assure the appearance of the defendant and protect the safety of any other person or the community.  Id.  § 3142(b).  Factors relevant to this inquiry include:

(1) the nature and circumstances of the offense(s) charged,
(2) the weight of evidence,
(3) the history and characteristics of the defendant, and
(4) the nature and seriousness of the danger posed by the defendant’s release.  Id.  § 3142(g).

The Government must present clear and convincing evidence that the defendant constitutes a danger to certain individuals and the community. The statute carefully limits the circumstances under which detention can be sought to those involving the most serious of crimes (crimes of violence, offenses punishable by life imprisonment or death, serious drug offenses, or certain repeat offenders), and is narrowly focused on a particularly acute problem in which the government interests are overwhelming.  In addition to first demonstrating probable cause, the Government is required to convince a neutral decision maker by clear and convincing evidence that no conditions of release can reasonably assure the safety of the community or any person, i.e., that the arrestee presents an identified and articulable threat to an individual or the community.

            RISK OF FLIGHT

Federal law has traditionally provided that a person arrested for a non-capital offense shall be admitted to bail. Only in rare cases should release be denied. Doubts regarding the propriety of release are to be resolved in favor of defendants.

The government has the burden of proof of the risk of flight.  It must do so by a clear preponderance of the evidence.  The fact that the defendant is an alien may be taken into account, but alienage does not by itself tip the balance either for or against detention.

Under the Bail Reform Act, 18 U.S.C. § 3141 et seq., a person awaiting trial on a federal offense may either be released on personal recognizance or bond, conditionally released, or detained. See 18 U.S.C. § 3142(a).  The Act establishes procedures for each form of release, as well as for temporary and pretrial detention.  Detention until trial is relatively difficult to impose.

First, a judicial officer must find one of six circumstances triggering a detention hearing.  See 18 U.S.C. § 3142(f).  Absent one of these circumstances, detention is not an option.

Second, assuming a hearing is appropriate, the judicial officer must consider several enumerated factors to determine whether conditions short of detention will “reasonably assure the appearance of the person as required and the safety of any other person and the community.”  18 U.S.C. § 3142(g).  To secure pretrial detention on the basis that a defendant presents a serious risk of flight, the Government must establish by a preponderance of the evidence that there are no conditions that can reasonably assure that the defendant will appear for trial. 18 U.S.C.A. § 3142(f)(2).

If the Government seeks a defendant’s pre-trial detention on the grounds that the defendant presents a serious risk of flight,  the Government must establish by a preponderance of the evidence that there are no conditions which can reasonably assure that the defendant will appear for trial.  In making that determination, the court is to consider: (1) the nature and circumstances of the offense charged, including whether the offense is a crime of violence or involves a narcotic drug; (2) the weight of the evidence; (3) the history and characteristics of the person.  18 U.S.C. § 3142.

Bail is basic to our system of law. Doubts whether it should be granted or denied should always be resolved in favor of the defendant.

If you have been charged with a federal offense you may be entitled to release from detention.  Criminal defense attorney Daniel J. Fernandez can help guide you through the process.

If the Government cannot show that you danger to the community or a flight risk you may be entitled release on personal recognizance or bond or conditionally release.  Contact a criminal defense lawyer and request a detention hearing.  Our firm has represented clients in detention hearings.  Many of these hearings have resulted in release on personal recognizance or bond or conditionally release.

If you have been arrested for a federal offense in the Tampa Bay area and would like to be released from incarceration while awaiting trial, call Tampa criminal defense lawyer Daniel J. Fernandez of Fernandez & Hernandez for a free consultation now.

Call Tampa Criminal Defense Attorney, Daniel J. Fernandez of Fernandez & Hernandez at 813-229-5353 or read more at:

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Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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Daniel J. Fernandez, Esq.
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Amy Brennan
Amy Brennan
19:49 13 Jan 20
Mr. Daniel Fernandez and his staff treated me like a family member from the moment I walked into his office. He and... his staff are knowledgeable, diligent, attentive, and effective. They immediately went to work and didn't stop until they obtained the absolute best results for my case. From the moment Danny became my attorney, I felt at ease and knew that I was being represented by the best there is. I'm eternally grateful for all he and his staff have done for me. He is a true professional and an amazing advocate for your legal more
Irene Meadows
Irene Meadows
21:56 11 Dec 19
If you need an attorney who is compassionate, knowledgeable and will be there every step of the way for you and your... family during a difficult and challenging time in your life, you have made the right decision with Daniel Fernandez and his staff. Mr. Daniel Fernandez and his staff treat you like a member of their family. My husband and I would highly recommend you contact the law office of Daniel J. Fernandez. You will be glad you more
A Google User
A Google User
14:27 11 Dec 19
Great Experience, attorney Daniel J Fernandez was extremely kind, and explained everything in great detail. The staff... at the office was excellent! Great experience would recommend the attorney to more
Luella Nelson
Luella Nelson
23:30 10 Dec 19
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Joe Blanco
Joe Blanco
01:48 07 Dec 19
Daniel Fernandez is by far the best criminal defense attorney in the Tampa Bay area. I have used Mr. Fernandez for... several years to help my son with several issues he has faced. He compassionate, informative, and reliable. If you are in need of a criminal defense lawyer I highly recommend you to hire Mr. Fernandezread more
Anjeanette Blanco
Anjeanette Blanco
22:37 06 Dec 19
Daniel J. Fernandez has been my lawyer for 25 years and he is amazing! He is always available when needed and goes... above beyond. His entire office staff is always friendly and helpful. I highly recommend Mr. more
Nicole Tarantelli
Nicole Tarantelli
17:36 02 Dec 19
I am so pleased with the experience I had with everyone in their office. The service was excellent! Everyone was kind... and patient. I mostly dealt with Austin. He did everything he said and always returned my calls the same day. I am incredibly grateful for all the hard work!read more
Cheryl Stinson
Cheryl Stinson
14:41 22 Nov 19
Daniel Fernandez represented us in a violation of probation in dade city'. He did a great job. Judge was going to... sentence my friend to one year in jail .Mr. Fernandez argued for 60 days and hot the court down to 70 days .thank you for your help Mr.Fernandezread more
gilbert Lozada
gilbert Lozada
18:23 01 Nov 19
Great work Mr. Daniel J Fernandez he is very knowledgeable as a defense attorney I will Highly recommended his services... to anyone.Thank youread more
stephanie santiago
stephanie santiago
18:13 21 Oct 19
Im so pleased with Daniel Fernandez. He was able to get my husbands case to go better than what we thought it was.... Thank you so muchread more
Jose Rodriguez
Jose Rodriguez
13:39 25 Sep 19
I don't have enough words to describe how amazing the experience with attorney Fernandez was. I could not have asked... for better services. Attorney Fernandez was very professional throughout the legal process which resulted in a positive outcome. Thank you again attorney Fernandez for giving my family and me peace of more
Genesis Padilla
Genesis Padilla
04:22 12 Sep 19
Mr. Fernandez was absolutely amazing with our family’s case. Very genuine and intelligent. Austin was a pleasure to... work with as well. We had a great experience overall, we were blown away by what he was able to accomplish so more
Alex Gomez
Alex Gomez
15:13 14 Aug 19
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D Serano
D Serano
01:21 18 Jul 19
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