Federal Crimes Blog

Common Mistakes to Avoid in a Federal Bail Hearing

Posted by Ronald D. Hedding | Dec 04, 2023

For those people who have been recently arrested in a federal case, especially in the Central District of California, whether that be in Los Angeles, Riverside, or Orange County, you're going to want to get an attorney right away.

I think the first common mistake is thinking that a bail on a federal case is similar to a state case, and of course, it is not.  If you make that mistake, you will be confused, number one, and number two, likely be unsuccessful and have bail denied as it relates to you or your loved one trying to get out of custody.  

When it comes to bail, you appear at your initial appearance, and the judge will decide whether you can get out on any terms.  Either the judge will detain you, which means you can't get out –just like no bail in a state case – or the judge will let you out on specific terms and conditions.

Signature Bond

For example, you could be let out on a signature bond where you, a loved one, a friend, or an acquaintance sign on your behalf, indicating that they will pay a certain amount if you do not show up for your court appearances.  Let's say it's a $25,000 signature bond.  Your sister signs it.  If you attend all your court appearances, your sister won't owe any money.  

If, on the other hand, you fail to show up, the government will come and try to collect the $25,000 for violating the terms and conditions of your bond, and of course, a warrant will be issued for your arrest.

Property Bond

Another way that they allow people to do so is through what's called a property bond.  That's where you or a loved one has property that has equity in it, and what the court does they take part or all of the equity in the home to solidify that you're going to show up in court.  

So, let's say you have $200,000 in equity.  The court did a $200,000 property bond.  There's a process that has to be done, where basically, your property is deeded over to the court for that $200,000, so if you or a loved one flee or don't come back, in addition to a warrant being issued, they would try to foreclose on that property and get the $200,000 equity in that example.

Retain a Federal Lawyer Immediately

So, you have an idea that it's a little bit more complicated in a federal case than in a state case when it comes to bail.

You want to get a federal criminal defense attorney on the case immediately.  I've been handling these cases for over 30 years now.  I know what it takes to set things up.  

Don't make the first common mistake, assuming that federal bail is the same as state bail, because then you'll put yourself in a position where you or your loved one won't get out.

Finally, the most common mistake many people make regarding federal bail is doing nothing.  You want to hire a lawyer like me who's got the experience.  

I'll have you come in.  We'll talk.  We'll review your entire case and get a strategy together for you or your loved one with the pending federal case.  That way, we know exactly what to do when the court appearance comes up.   

Pre-Trial Services Officer

Regarding bail, I will get ahold of the pre-trial services officers, who will make a recommendation in writing to the judge.  I will give them all of the information. 

Federal Bail Hearing

I will help connect them with family members and the defendant to ensure they do an accurate report and hopefully be helpful to the person trying to get out.  

That's one thing the judge is going to look out for.  Then, of course, the judge will listen to my argument about whether or not the client should get out, and I'm looking at whether or not the person is a flight risk or a danger to the community.  These are all things the judge will consider.

So, if you need the best – you or your loved one has a federal criminal case and are trying to get out on bail, and you need representation, pick up the phone now.  Ask for a meeting with Ron Hedding.  I stand ready to help you.

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About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about Federal Criminal Defense issues in Los Angeles and Encino California. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.