If you have been charged with a federal crime, you have the right to appear before a judge within three days of your arrest. This court appearance, known as a federal detention hearing, is similar to a bond hearing in state court; if you can prove that you are not a flight risk or a danger to the public, you may be released until trial.
How to Prepare for a Detention Hearing
Before your detention hearing, a pre-trial services officer will conduct a pre-trial review to determine important details about you. These may include:
- Level of education attained
- Financial status
- Family members
You have the right to ‘Plead the Fifth’ during this interview, which prevents you from incriminating yourself by answering questions you don’t have to answer. Following this pre-trial review, the officer will recommend to the judge whether or not you should be released. This recommendation generally factors heavily into the judge’s decision.
What Happens at a Federal Detention Hearing?
At your detention hearing, you will learn what you are being charged with, if there is probable cause to proceed with those charges, and if there are conditions allowing your release, pending trial.
You will be given the opportunity to present evidence that you should be released on your own recognizance. If the judge is satisfied that you are not a flight risk, pose no danger to the public, and will be present for your next court date, you will likely be approved for release.
Will You Be Released?
Many factors are considered when determining whether or not you should be released on bail or your own recognizance. These may include:
- Pre-trial services report
- The circumstances and severity of your crime
- The evidence against you
- Prior criminal history
- History of drug or alcohol abuse
- Your character
- Physical and mental health
- Employment status
- Financial status
- Family ties
- Community ties
Although the law holds that a criminal defendant must be granted the least restrictive conditions for the terms of his/her release, the same does not apply for certain crimes of a particularly serious nature. These include:
- Drug crimes with a penalty of 10 years imprisonment, or greater;
- Use of a firearm in a drug crime;
- Human trafficking;
- Offenses against minors.
A federal detention hearing is always necessary in cases involving the above crimes.
Contact the Law Office of Nayib Hassan, P.A. Today
If you have been charged with a federal crime, the skilled legal team at the Law Office of Nayib Hassan, P.A. can help. Our aggressive, highly-experienced defense lawyers understand that people make mistakes. We will analyze the details of your case, position you for the best outcome, and fight tirelessly to keep you out of jail.
At the Law Office of Nayib Hassan, P.A., we will remain by your side throughout the entire process. Don’t go through this difficult, stressful time without skilled legal counsel. Call us today at (305) 403-7323 for a free and confidential case about your case.