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Status of Posting Federal Property Bonds in Criminal Cases

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This is a big issue because in a lot of serious cases, prosecutors are going to argue for detention, meaning that the person stays in custody while their case is pending.

Of course, that’s horrible, especially now in Covid-19 times with most of the federal facilities being hit with a lot of inmates getting the virus, so we obviously want to get the client out so they can deal with their case on the outside.

Even if they may get some custody time, today is not the day to do custody time.  You want to get that vaccine if you have to do custody time so you’re as safe as possible.

Federal Judges Prefer Property Bonds

So, these property bonds are crucial because signature bonds are not all that impressive to judges.  Judges really don’t like to grant signature bonds where you have a situation where somebody may be:Status of Posting Federal Property Bonds in Criminal Cases

  • a flight risk,
  • is dealing with large amounts of drugs, or
  • some other danger to the community argument that the prosecutors can make.

But a property bond has some significance, because basically, what it does is, it allows the government to take a person’s property if somebody skips bail and doesn’t show up and get the money.

So, if it’s $100,000.00 property bond for example and somebody doesn’t show up to court, a warrant is issued, the government can actually force a sale of the property to get the $100,000.00 to satisfy the property bond.  So, that’s very significant.

Coronavirus Impact on Processing a Property Bond

In today’s time, though, it takes time to actually effectuate a property bond.  Because of the virus, things are much slower, paperwork is being dealt with at a much slower pace.

So, what I’m doing in a lot of these cases, if I get a $100,000.00 property bond, for example, I know it’s going to take 30 to 60 days for the paperwork to be completed, so what I’m doing is asking for my clients to be released pending the posting of the property bond and the surety.

Which is the person who is pledging the property, can sign other documentation, such that to the court and locks them in to a large degree related to that property, and once we effectuate the property bond, it can be posted with the court.

But, in the meantime, the client can be out dealing with the case instead of sitting for 30 to 60 days while the property is posting.

So, if you or a loved one has a serious criminal case and you need help — you need to try to get the person out — you need the case handled the right way — pick up the phone.

Ask for a meeting with Ron Hedding.  I have been doing federal criminal cases for almost 30 years all over the nation.