What happens is that somebody gets arrested, and then the US Marshals, the FBI, or whoever is doing the arresting are typically going to take them to court. In Los Angeles, you are usually taken to court the same day in the afternoon for the 2:00 calendar.
After your arrest, the pre-trial services officers will evaluate you and prepare a report for the judge. The judge, often a magistrate, will then make the crucial decision of whether to grant you bail or order your detention. Understanding this process is not just a formality; it's a key to being prepared for your court appearance and feeling empowered in this challenging situation.
Types of Federal Bail Bonds
If you're detained, that means you stay in custody while your case is pending. Depending on the number of defendants and the size of the case, this could take years, so the bail issue is a very important factor that we must consider.
The key determining factor for the judge is, number one, they will listen to what the prosecutors say. If the prosecutors agree to release you on a specific term, such as a signature bond, a property bond, or a promise to appear, that is typically what the judge will do.
So, in many cases, I'll convince the prosecutors to give us what we want, such as a signature bond, for example, which allows us to take action, and then we'll get you out. That's the easiest way, and that makes the most sense.
But let's say it's a case where the prosecutors aren't going to agree to let you out, and they want you detained. Maybe it's a drug case, and you're looking at a 10-year mandatory minimum; they're going to argue that this guy should be detained. He's facing a minimum of 10 years in federal prison, with an 85% chance of conviction. Why should we let him out? He might never come back again.
Evaluating Flight Risk
So, if you're in a situation like that, the judge is going to say, Okay, is this person a flight risk? Meaning, if I let him out and he has a signature bond or a property bond, is there a chance they might never return?
So, that's one of the first evaluations the judge is going to look at — are you a flight risk, and the type of things they look at to make that determination are, do you have property in the community? Do you have your family in the community? Do you have ties in the community?
Do you have a job in the community? Do you have a passport? Have you ever lived anywhere else? They're going to look to see whether you really might go somewhere else. So, that's consideration number one. The judge will consider all these factors to determine the likelihood of your fleeing if granted bail.
Do you have ties in the community? Do you have a job in the community? Do you have a passport? Have you ever lived anywhere else? They're going to look to see whether you really might go somewhere else. So, that's consideration number one.
Evaluating Threat to Community
Consideration number two is, are you a threat to the community? In other words, if you're moving around millions of dollars worth of drugs and the community is ingesting it, and people are dying, there's an argument that you're a threat to the community.
If you're committing a violent felony, using weapons, robbery, whatever the case may be, there's an argument that you're dangerous. You're a threat to the community. You should be placed in custody while the case is pending, so you can't commit any other crimes.
Therefore, we must also attempt to counter the argument that this poses a danger to the community. They're also going to look at whether you have any past failures to appear, whether you're on probation, or if you have any prior criminal record.
There's a whole host of things that the judge is going to look at in determining whether you're going to get bail. But the most important thing is that your federal criminal defense attorney puts everything together, making an argument using the pre-trial services report. This role of your attorney is not just important, it's crucial in securing your bail and should give you confidence in your legal representation.
If the pre-trial services report gives information that you should be able to get out, for example, on a $100,000 property bond, and you've got the equity in a property, your attorney's going to make that argument, we're going to get you out.
So, there are a whole slew of factors that are considered. It would be best if you had an attorney who's not just able to marshal those factors, but also make the right arguments. Sometimes, you're going to make arguments on the fly because the government and the prosecutors are going to be trying to keep the person in.
You have to make the arguments to get them out. This involves presenting evidence, cross-examining witnesses, and making persuasive legal arguments in court. Having an attorney who can handle all these tasks should make you feel supported and understood throughout this complex legal process.
If you have a federal criminal case or your loved one has a federal case and needs help, please pick up the phone and make the call. We'll start working on it right away, and bailing in federal cases is the first big step in taking on the government and achieving the best result.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County, at 16000 Ventura Blvd, #1208, Encino, CA 91436. We are also located at 633 West Fifth Street, Los Angeles, CA 90071—call (213) 542-0994 for a free case evaluation.
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