Federal Court Bail
Pretrial Release in Federal Court is governed by The Bail Reform Act of 1984 and 18 USC 3142.Bail is any form of pretrial release. Any monetary or cash component of a pretrial release can also be called bail. It stands as a surety that the individual will appear in court every time he or she is ordered to, as long as the court is possessed of the case.
The question of federal bail comes in when you are dealing with a federal crime or an interstate crime. Crimes being investigated by federal agencies such as the FBI, CIA and other offenses such as drug trafficking, tax evasion, kidnapping and other frauds are some crimes that are handled by a federal court.
At Moses and Rooth, Attorneys at Law, we know that the process (of posting bail) can be difficult for you and your family. If you engage us as your attorneys, we will do all we can to negotiate a reasonable bail to secure your release.
Posting bail in federal court vs state court
The bail process in a federal court is more complex and difficult than in a state court. Compared to the state bail process, where an accused gets bail according to a standard schedule (he or she can post bail without even facing a judge) in a federal court, the judge has sole discretion in granting bail. The judge also sets the bail amount and usually does so at the first hearing.
The Judge or Magistrate may grant bond at your initial appearance or you may request a hearing regarding pretrial release. The hearing is used to show the Court that there are conditions of release that are available that are sufficient to protect society. These conditions of release may include drug testing, GPS monitoring, curfew, or any other conditions that the Court are necessary for release.You have only one opportunity to post bail before trial begins; at the detention hearing. The federal government may petition the court to deny you bail and ask the court to for pre-trial detention. At this time, the judge considers what is the probability that you will jump bail if he or she allows you to post bail and whether you will be a danger to the people around you. How your attorney handles this situation can influence whether you get bail or not.
The federal government will do all it can to deny you bail
For certain criminal offenses the federal court government works under the presumption that there is no bail condition or bail amount that can get you back to court after your release or stop you from being a community threat, for instance when you are charged with certain drug crimes or any other violent offense, where the minimum sentence is often years. However, a good lawyer can rebut this by crossing examining the agents. If your attorney is confident, he may even ask you to enter the witness stand.
In certain circumstances there will also be a Nebbia requirement on the bail, where the accused has to show that the money for the bail was obtained through legitimate means and he or she has to submit proof of the same.
We are also familiar with the Nebbia process and all other federal court procedures concerning bail. We can help you secure bail with as little inconvenience as possible. To learn more about the federal bail process in Florida or for our assistance in securing bail, please fill in the form on our contact us page and send it to us. We will get back to you as quickly as we can.