This bail issue comes up all the time, and unfortunately, people are so focused on it that they forget they actually have a federal criminal case pending against them.
Regardless of whether they or their loved one gets out on federal bail, that case is not going away. Depending on how serious it is, the person is likely to face significant federal time.
So, the whole bail issue is often, not always, a sidetrack issue that really doesn't allow the person to grapple with what they have to relate to their federal criminal case.
Initial Court Appearance Before a Magistrate
When we talk about federal bail and how it works, we're talking about the magistrate, a key figure in the legal system, deciding whether or not you are detained, which basically means you can't get out when you make that initial appearance.
There's no bail, nothing, that would allow you to get out. A lot of times, I see people getting detained because they're facing a mandatory minimum sentence, whether it be from a sex crime case, a drug case, or some other serious case.
If they get convicted, they'll get a minimum of 10 years in federal prison at 85%, for example. Under that circumstance, there's going to be a presumption that you shouldn't get out and that you should be detained.
The prosecutors will argue for detention, and it will ultimately be up to the federal magistrate whether or not you're released on some conditions.
Getting Released From Custody on Bond
The next step is, what mechanism is going to allow you to get released on some sort of bond? It's mainly probation interviewing you and your family and deciding whether or not they believe you should be able to get out and, if you do, how you would do that. I would say that is combined with the following:
- your attorney being able to use the probation report and
- us who you are as an individual and a flight risk and a danger to the community,
- in order to argue for your release under some conditions.
So, that probation report will be there. They'll do an investigation.
Obviously, I try to help them in the investigation and contact the necessary family members so that they can talk to them.
They need to vet them and get whatever information they need, so when I get to court, there's a report there that gives me a chance to try to argue to get my client out.
Property Bond
Of the different forms of being able to get out in a federal criminal case, I would say the strongest one that will put you in the strongest position, if, for example, the government is arguing that you should be detained, is if you've got some property that has equity in it. This is a powerful alley:
- Let's say, for example, you have a family home, and in that property, there's $300,000.00 in equity;
- We could argue to the magistrate that instead of you being detained, use the property to post what's called a property bond.
Basically, that's where the property is deeded over to the court for $300,000.00 in our example. If you don't show up or flee, then they can foreclose on the property and get the $300,000.00.
That's a pretty powerful tool to be able to use so that the court, and even the prosecutors in a lot of circumstances, are satisfied that you're going to show up for court and not commit any other crimes while you're out of custody.
Signature Bond
The next level of bond would be what I would characterize as a signature bond. This is a form of bail where:
- you, your family member or friend, or business acquaintance signs documentation basically saying that if you don't show up for court,
- if you flee the jurisdiction, then
- whatever amount you agreed upon, they're going to come and get from you.
For example, a friend or family member could sign a $25,000.00 signature bond, basically guaranteeing and promising that if the defendant doesn't show up, the government can get the $25,000.00 from them.
This is fairly easy to do because all you have to do is sign and agree. You don't have to come out of pocket to get the person out. You could use multiple signature bonds from multiple people.
Flight Risk and Danger to Community
This is all dependent on a bunch of different factors:
- Number one, is the person a flight risk?
- Number two, is the person a danger to the community?
Both of these are the main arguments in a bail hearing. If the government can successfully argue that you or a loved one is a flight risk or a danger to the community, they'll probably be able to keep you in custody.
If the defense can show an argument that they're not a danger to the community or a flight risk, then obviously, we'd be in a position to try to get them out under one of these forms of bail that I mentioned.
More and more, it's relatively easy to get people out of federal cases if they don't have a criminal record or are not facing a mandatory minimum because of the Coronavirus overcrowding in the jails. This overcrowding, coupled with the federal system's inability to grapple with what's going on, has led to a situation where they're using video, but they don't have enough video in order to accommodate everybody.
They're using video, but they don't have enough video in order to accommodate everybody.
Criminal Defense for Federal Crimes
They want to let the person out in general, but there are those cases where you're facing a 10-year mandatory minimum, or you have drug charges with multiple kilos.
Or, you're involved with minors on the internet, these are the types of cases the prosecutors are trying to keep you out of, so that's where your defense attorney, with their expertise and experience, is going to have to mount an argument that makes sense to the judge in order to get you out under either a signature bond or a property bond.
There are other types of bonds they can do. They can do a bond where you use a bail bond agent. That's usually not done at the federal level.
So, if you or a loved one needs help, has been arrested, or has bail hearings coming up, I would strongly advise getting an attorney right away. Having the right legal representation can make a significant difference in your case.
I've been doing this for 27 years with great success. So, if you need help, pick up the phone. Ask to speak to Ron Hedding. I can usually respond very quickly and start helping you right away.
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