Were you detained in connection with a federal criminal investigation? Is it feasible to avoid being taken into jail while your case is being heard in court? Many individuals are asking this question because they have been arrested or believe they will be arrested, or because a family member has been detained and they are trying to find out how to get their loved one out of detention.
Some people who are familiar with how bail works at the state level are unaware that it is a completely different story at the federal level. When a defendant is charged with a federal offense, the process depends not only on the complicated federal laws of criminal procedure, but also on federal code provisions, local rules, and the particular traditions and customs of court officials.
Fulfilling the Bond Condition in Federal Court
A bail bond company is never going to become engaged at the federal level. A detained person would be able to leave if they met specific bond criteria. The government can argue that the individual should be detained, which would imply that they would be held in custody while their case is being resolved.
The defense will very certainly reply no, that the defendant should be released. They have relatives. They have a job. They don’t have a track record. The judge would make the final decision based on the best mitigating arguments.
Real Estate Bond
Let’s assume the court is convinced that the individual will be released if they can post a property bond, which is a scenario in which they post their property or the property of someone else for a specified amount of money.
Let’s imagine the court agrees to release our client on a $100,000.00 property bond. That means the court would impose a $100,000.00 lien on the property of someone ready to give it up. If you had $200,000.00 in equity on your property and provided it to someone accused of a federal felony, the property is deeded to the federal government.
At the very least, $100,000.00 of the equity for posting the $100,000.00 property bond – and if the individual fails to appear in court, the court can foreclose on the property and take the $100,000.00.
Signature Bond
A signature bond is another sort of bail that may be used to get you out of jail if you’ve been arrested for a federal felony.
That’s when someone – you, a family member, or a friend — agrees to sign a contract for a particular amount of money, promising to pay it if you don’t show up. Assume the judge orders your release on a $25,000.00 signature bail signed by your father. Then your father would sign papers stating that if you don’t show up for all of your court hearings when you’re supposed to, your father would give the court $25,000.00.
That’s probably the greatest option since as long as you show up, no one will have to pay money, you won’t have to go through a bail bond agency, and you will, of course, be released.
A federal criminal defense attorney can help you find the best option
If you or a loved one has been arrested and detained in a federal jail, you need an experienced attorney. You have found that in Chambers Law Firm. Call our offices now at 714-760-4088 to request a case review.
