What is a Federal Detention Hearing and Why Does it Matter?

When an individual faces federal criminal charges, it is critical to understand the federal detention hearing process. This important stage of the case will determine whether the defendant will be held in custody or released while awaiting trial. This question is governed by the Bail Reform Act of 1984, a federal law designed to ensure that individuals charged with crimes are treated fairly while also protecting the safety of the public and promoting the defendant’s appearance in court. The federal detention process has several key aspects which an experienced criminal defense attorney can help navigate.

What is the Bail Reform Act of 1984?

The Bail Reform Act of 1984 is a major piece of legislation passed by Congress which established the modern framework under which a federal judicial officer will determine whether a defendant should be released or detained pending trial. This law applies to all federal cases. The Act, which is codified at United States Code, Title 18, Sections 3141-3150, balances two major considerations:

1. Public Safety: Does the defendant pose a threat to the community if they are released?
2. Court Appearance: If the defendant is released, can they be trusted to return to court for all necessary proceedings?

The Act also seeks to protect the Constitutional rights of the accused, who are still presumed innocent during the detention stage. To this end, the Act establishes a general presumption that most defendants should be released before trial unless the government proves that they should be detained because they are a danger to the community, a flight risk, or both. This means, in most cases, if the government wants to detain someone, they will have to present evidence to a judicial officer at a detention hearing to convince them that they are not suitable for pretrial release.

What does the Federal Detention Process Look Like?

After being arrested, the accused is brought before a federal magistrate for an “initial appearance.” At that time, the government will inform the Court whether they intend to move for detention. If they do, a detention hearing will be set, usually within three days of the initial appearance, and the defendant will typically be temporarily detained until the detention hearing can be held.

At the Detention Hearing, the government typically has the burden of proving that the defendant is not suitable for release because they pose a threat to the community or present a risk of flight. To do this, they will present witnesses and evidence to the judicial officer. The defendant also has a right to present witnesses and evidence of their own which demonstrate that they are not dangerous and will appear in court as required.

In addition to the evidence presented by the parties, the judicial officer may consider other sources of evidence, such as the bond report prepared by Pretrial Services or a Pretrial Risk Assessment (PTRA) calculation.

Once all the evidence has been presented, the judicial officer will be tasked with weighing it against the factors outlined in the Bail Reform Act, which include:

1. The nature of circumstances of the offense charged
2. The weight of the evidence against the person
3. The history and characteristics of the person
   • This includes information such as their physical and mental condition, family ties, employment, financial resources, past conduct, and any history of drug or alcohol abuse
4. The nature and seriousness of the danger to any person or the community that would be posed by the person’s release

Based upon these factors, the judicial officer will make their decision to either detain or release the defendant. If the judicial officer finds that “clear and convincing evidence” supports a finding that the defendant poses a risk to the public, or that “a preponderance of the evidence” suggests that they are a flight risk, the defendant will be detained until trial. To the contrary, if the Government fails to convince the judicial officer according to these standards, the defendant will be released. Either side can appeal this decision after it has been rendered.

Sometimes, however, the general presumption in favor of release does not apply. In other words, under some circumstances, the government does not bear the burden of proving that detention is necessary. Instead, certain types of federal offenses carry a presumption in favor of detention, meaning that it will be assumed that a defendant should be detained unless they demonstrate otherwise. These types of offenses include:

1. Certain drug offenses carrying a maximum penalty of 10 years or more in prison
2. Certain offenses involving firearms or explosives
3. Terrorism-related charges
4. Certain offenses involving minor victims

If a defendant is charged with an offense which carries a rebuttable presumption in favor of detention, it is especially important to gather and present evidence which can convince the judicial officer to release them. An experienced criminal defense attorney can help prepare the most compelling presentation possible.

What Happens When an Individual is Released Pending Trial?

If the judicial officer decides that release is appropriate, they have the option of setting a bond that must be posted by the defendant. According to the Eighth Amendment to the United States Constitution, that bond amount cannot be “excessive.”

In addition to any monetary bond imposed, the Court will likely set conditions which must be followed after the defendant is released from custody. Most commonly, these conditions include requirements such as refraining from drugs and alcohol, wearing a GPS monitor, abiding by a curfew, refraining from traveling out of the district, and checking in periodically with the local office of U.S. Probation and Pretrial Services. It is very important that these conditions are followed closely. If a defendant fails to abide by the rules set by the Court, they can be re-arrested and detained until trial.

Why Does This Matter?

Federal criminal cases are often very complex and may span months, if not years, before trial or another conclusion is reached. If a defendant is detained pending trial, they will have to reside in a detention facility for the duration of this process. This extended incarceration can have devastating effects on an individual’s life, family, and career before their case is even resolved. Additionally, pretrial detention makes it much more difficult for a defendant to assist their attorney with the preparation of their defense. For these reasons, it is very important for anyone facing potential federal detention to engage the services of a skilled and experienced federal attorney who can advocate for the defendant’s release by presenting favorable evidence, challenge the prosecution’s arguments for detention, and negotiate reasonable conditions of release.

If you or a loved one are facing federal criminal charges, we encourage you to call us at 216-928-7700 or contact Friedman Nemecek Long & Grant, L.L.C. We will ensure that your rights are protected at every stage of your case and can help you approach this daunting process with confidence.