For those recently arrested, or you are a relative or the actual person, you have a bond hearing coming up. You want to get an attorney right away. Strategy-wise, you want to ensure you and the attorney coordinate getting information to the probation department and the pre-trial service people. In this way, you will have the best chance of getting your loved one out of federal custody.
They are the ones who will prepare a report for the federal judge and will make a recommendation on whether or not they think you or your loved one should be released on some bond condition. They could also recommend that you or your loved one be detained, meaning you cannot get out of custody while the federal case is pending.
You want to give them financial information and information related to your family member because you want to be able to provide them with their background. You need to understand there are situations when some defendants will not be allowed to bail out of custody.
What is Report Preparation to Assess Bail?
The federal probation department will prepare a report and assess whether or not that person, number one, is a flight risk – meaning, if they're let out on bond, they might run away and the following factors:
- Do you have a passport?
- Do you have connections to other countries?
- Do you have a bad criminal record?
- Do you have prior failures to appear?
So, you start to understand some things they will look at. But we can also tip the scales in your favor, such as bringing up the following potentially favorable questions:
- Why would you leave your family if you've had much family here?
- Do you have property here?
- Do you have a job here?
- Do you have financial interests and also interests with your family?
Then that would be an argument that you wouldn't run away. The other thing they will look at is the danger to the community.
They're going to look at the crime you've committed and see if they let you out on some bond, whether or not you might continue to achieve that type of crime; hence, making you a risk to the public. Whatever crime you committed in and of itself makes you a threat to the public because of its nature.
How Can You Get Out of Federal Custody?
Sometimes, the attorney can effectively show the judge that you're not a risk to the public. Maybe you have no other criminal record.
Sometimes, whatever made you a risk is gone and has been taken away by the government, so you won't be able to do whatever you were doing. You must look at each case, the facts, and what happened.
But you start to get the idea that right from the beginning, you've got to begin to build your defense. You have to start to make moves to secure your freedom, which is accomplished by getting the information, having an attorney who knows how to use the information, and making the correct argument to get you out of custody.
If you need the best, you've come to the right place. Pick up the phone now. Ask for a meeting with Ron Hedding. I've been defending people in federal criminal cases for over 30 years.
I started out working for the prosecutors and then a superior court judge, and finally, in the early 1990s, I began defending people like you for federal criminal cases. Pick up the phone now. Make the call.
- How Bail Works in a Federal Criminal Case
- How is Bail Determined in Federal Criminal Cases?
- What Happens at Initial Appearance in a Federal Criminal Case?
- What is a Motion for Reconsideration of Bail in Federal Court?
- Bail Denial in Federal Criminal Cases
- What to Do When Facing Federal Criminal Charges
- Common Mistakes to Avoid in a Federal Bail Hearing