Why do Defendants Get Taken into Custody In Federal Criminal Cases and Cannot Bail Out?
It's a common question: why are people being detained in federal cases and unable to secure bail? The answer lies in the unique aspects of federal cases. Unlike state cases, where bail is almost always an option, the federal system allows the government to argue for your detention without bail or bond.
But in a federal case, the government can argue to the judge that you should be held in custody without any type of bail or bond. That's simply the way the federal system is set up.
Flight Risk or Danger to Public
Obviously, the way to avoid getting taken into custody is to mount a good argument through a great attorney that you're not a flight risk and you're not a danger to the community.
One of the big issues that is looked at when we talk about a flight risk is whether or not you're facing a lot of time in federal custody.
That's one-factor people don't usually think about when they're assessing why there's a chance they might get detained. Why would they do that?
They don't realize that if, for example, in a drug case, you're facing a 10-year mandatory minimum, then the prosecutor has a pretty strong argument with the judge that you might never come back to face the case because you might be concerned that you're going to get 10 years or more in federal prison.
That's a pretty good argument to keep you in custody.
Argument You Have No Criminal Record
On the other hand, if you have no criminal record, you might be able to argue what's called a “safety valve” or some sort of 5K departure.
You may argue with your attorney that you're not likely to get that 10 years because you're safety-valve-eligible, you have no criminal record, you didn't use any violence, you didn't use any weapons.
There are a whole bunch of arguments that could be made on your behalf so you can avoid getting detained, staying in custody, and not being able to get out.
The first step in navigating a federal criminal case is to secure the services of an attorney who is well-versed in federal law. With 26 years of experience in this field, I can guide you through the complexities of your case.
Arguments to Federal Judge To Get Released on Bail
We'll start gathering information right away from the family and the defendant about whether the person really is a flight risk.
We're going to find out about their job, where all of their family lives, and whether they've ever had a bench warrant issued against them.
We're going to look at the charges against them and their role in them. These are all relevant matters that the judge will consider when posting bail.
If you were taken into custody and, at your initial appearance, the person, either you or your loved one, was detained, all is not lost.
Even if you or your loved one was detained at the initial appearance, there's still hope. A motion to reconsider can be filed with both the magistrate and the judge overseeing the case, potentially leading to a different outcome.
Typically, these judges who are hearing the case will say, "If you have any new evidence, then I'm not going to hear it. " You'll go back to the magistrate judge and present that new evidence there.
Call an Experienced Federal Criminal Defense Lawyer
On the other hand, if you don't have any new evidence and you basically just want the judge to review the magistrate's judge's rulings regarding your bail, they will do that.
Even if you don't have new evidence, you can still request the judge to review the magistrate's ruling. While this is not an easy process, it's important to remember that it is possible to overturn the initial decision.
So, if you or a loved one has a federal criminal case pending against them, they're either detained, or you're afraid they'll be detained when they appear in court, pick up the phone.
If you or a loved one is facing a federal criminal case, don't hesitate to seek legal assistance. Call our firm and ask to speak to Ron Hedding. We're here to help you navigate this challenging process.
Hedding Law Firm is a criminal defense law firm located in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Call (213) 542-0994 for a free case evaluation.
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