Federal Criminal Defense
Federal Detention Hearings
Whether you remain free while your case is pending can affect everything that follows. Federal pretrial release is governed by the Bail Reform Act, and for some charges the law presumes detention - making a well-prepared detention hearing critically important.
How federal pretrial release works
Unlike many state systems, federal release usually does not turn on posting a cash amount. Instead, the question is whether conditions can reasonably assure your appearance in court and the safety of the community. The court weighs the nature of the offense, the weight of the evidence, your history and characteristics, and any danger posed by release.
For certain offenses, a rebuttable presumption of detention applies, shifting the practical burden to the defense to show that release is appropriate.
Building the case for release
A persuasive release package is assembled with care: ties to the community, stable residence and employment, family support, and a concrete plan of conditions the court can trust.
- Proposed conditions such as supervision, monitoring, or sureties
- Letters and witnesses establishing community and family ties
- Verification of residence, employment, and treatment where relevant
- A direct response to any presumption of detention
If detention is ordered
A detention order is not necessarily the last word. It can be revisited if circumstances change, and it may be appealed to the district judge. Continued advocacy on conditions can sometimes secure release later in the case.
Answers
Frequently asked questions
General information about detention hearings. It is not legal advice. Every case turns on its own facts.
Is there bail in federal court?
What is a presumption of detention?
Can a detention decision be changed?
Facing a federal investigation or serious charges?
Speak directly with George G. Mgdesyan about your situation. Consultations are confidential, and the sooner you call, the more can often be done.