Bail in Federal Court:

If you are arrested and brought to court in a federal case bail will be determined at a detention hearing before a federal magistrate judge. The magistrate will determine whether you are a flight risk and whether or not you pose a danger to the community. The issue of flight is decided based on a number of factors including how long you have lived in the district in which you are charged, family ties to the community, employment, education, prior criminala history, whether your not you travel frequently, whether or not you possess a passport, whether or not you have any failures to appear or warrants or whether you have ever used any aliases.

The court will also want to know whether you have any financial resources. If you or a family member are willing to post cash or whatever equity may be available in property with the court, the court will consider that. This would be a secured bond. The court will also sometimes release a defendant on their own signature or the signature of a responsible third person. This is called an unsecured bond. The court will also set certain conditions of bond. These conditions almost always include reporting to pretrial services which is similar to being on probation pending trial. You will have to remain within the district in which you are charged unless you have permission from the court to travel outside the district. You must stay away from any airport, train station, bus station or seaport; and you must surrender your passport to the court.

Whether or not you will be considered a danger to the community depends primarily upon the charges and any prior criminal conduct. If someone is determined to be a danger, bond will not be granted.

It is critical to be represented by an attorney such as Diane Bass who is experienced in handling detention hearings in federal court to assure you the best possible outcome under your particular circumstances.