The most important thing to know about a federal detention hearing is how different it is from a state detention hearing. It is essential if you are facing federal charges that you have an experienced federal defense attorney on your side. Read on to learn what to expect at a federal detention hearing and how it is different from a state proceeding. Then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Federal detention hearings happen very fast
In federal court, when you are arrested on a federal warrant, unlike state court you have a detention hearing very soon after being arrested. They can happen the same afternoon when a person is arrested in the morning. The detention hearing will happen within 24 hours of being detained.
What is a detention hearing?
It involves an attorney and their client going before a magistrate judge to argue whether or not the defendant should be released while they are pending trial. Bail bonds are rarely used in these cases. Instead, the judge will consider if the defendant is a flight risk, what their prior criminal history is, how likely they will be to show up to court on time, if they are employed, if they have family in the community, and other factors to determine if the defendant should be released.
Factors that can count against you in a federal detention hearing
One of the biggest factors that can count against you in a federal detention hearing is not having family or other close ties to the community. If you were arrested across the country from where you live and the U.S. Attorney argues that you are a flight risk, the judge might decide to detain you pending your trial.
A very serious charge such as homicide or human trafficking can also greatly increase the chances of being detained pending trial.
There are options to be released if you have ties to the community
On the other hand, if you are arrested in the community where you live and work, and you have family nearby, there are options. You could be released to the pretrial services department, which is similar to probation. You can be released under monitoring, with many conditions such as biometric check ins that require you to submit photo proof of where you are at any given time, or a GPS monitoring device to determine your location.
These can be a pain but they are good options to get you out of jail while you wait for your trial. If you have been arrested for a crime and require the help of a federal criminal defense attorney, contact Chambers Law Firm at 714-760-4088 for help.
