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.
SAFETY OF THE COMMUNITY
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: CriminalDefenseLawyerTampa.com
#GetLawyeredUpNow #DUI #Tampa #Attorney #Lawyer