Bail and Release Pending Trial in Federal Cases

Can I make bail in a federal case?

Federal criminal cases differ from State charges in that there is no system of bail or bail bonds in federal cases. In your typical State offense you get arrested and then a judge sets an amount for your bond. You hire a bail bondsman or post bail, and you are free to go. There is no such system in federal cases. Instead there is a pre trial release program with it’s own rules and procedures.

Is there a way to be released from custody prior to the trial in a federal criminal case?

Yes. Federal law permits the release of a suspect during the pretrial stages of a case. A federal judge can grant release on personal recognizance, conditional release, temporary detention, or detention prior to trial.

Under what conditions will a federal judge release a defendant prior to trial?

A federal judge has discretion whether to grant or deny a request for release before trial. In order to deny a request for release before trial, the federal judge must find that personal recognizance will not reasonably assure the appearance of the defendant or personal recognizance will endanger the safety of any other person or the community. If a judge does determine that conditional release is the only option, then the only limitation placed on the judge is that the conditions of release are reasonably necessary.

What if I am detained and I am also an illegal immigrant?

If you are eligible for deportation and in the custody of the federal government, then the judge has ten days to notify the appropriate agency. If the agency responsible for deporting you does not take you into custody within those ten days, then you are to be treated like any other defendant.

Are there any conditions upon which I won’t be released pending trial?

In general, there is a rebuttable presumption that release should not be granted if it is alleged that a defendant has committed a crime for which the term of imprisonment is ten years of more, a defendant has committed an act of terrorism, a defendant has trafficked in humans, or the crime committed involved a minor.

How long would I have to wait before being released?

The laws of the United States require that a defendant be brought before a judge within a reasonable time. Generally, this means that release will be considered at the first appearance of a defendant before a judge. However, this hearing can be continued by the request of the defendant or opposing counsel.

If you are facing a federal criminal charge and need the best federal lawyers on your side call Guest and Gray Law Firm. We understand how to make the federal sentencing guidelines work for you and how to get the best outcome in your case. Call today for a free confidential consultation.

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