Federal courts differ from state courts in making bail determinations. In most state courts, except for murder in the first degree, some amount of bail will be set, even if it's very high.
Federal law provides for pretrial detention, which means for some crimes and persons arrested, no bail will be set and the defendant is ordered held in custody until trial. If a defendant is charged with a drug offense that carries a possible penalty of ten years or more, or a crime of violence, a presumption arises that he is both a flight risk and a danger to the community.
If the Government seeks pretrial detention, the court will hold a hearing. The defendant is allowed to present evidence to rebut the presumption and show that he or she is neither a flight risk nor a danger to the community. The court must order an accused's pretrial release, with or without conditions, unless it "finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and community.
Initial appearances in federal court are before a Magistrate Judge. If he or she orders you detained pending trial, you have the right to seek review of his or her decision with the District Court Judge presiding over your case. If the District Court Judge agrees with the Magistrate Judge, you can appeal that decision to the Circuit Court of Appeals for your federal district.
There are specific statutes that govern bail and detention in the federal courts, and you should ask your lawyer to explain them to you and assess your chances on review and if need be, appeal.
As for options available to the court, home monitoring is one, and placement in a half-way house is another.
Answered on Apr 27th, 2007 at 12:14 AM