Federal criminal cases are different from state charges in that there is no system of bail or bail bonds in federal cases. Generally, with state offenses, you get arrested and then a judge sets an amount for your bond. Once you post bail, you are free to go. There is no such system in federal cases.
Instead, 18 U.S.C. § 3142 provides that pretrial release must be available unless there is: (1) a risk that the defendant will not appear for future hearings, or (2) a risk that the defendant will commit additional crimes. If either factor is present, then the judge must consider whether some combination of release conditions (execute a bond, be under the supervision of a third-party custodian, such as a family member, travel restrictions, GPS monitoring, etc.) will sufficiently mitigate the risk, so that there is a reasonable assurance the defendant will appear for future hearings and will not be a danger to the community.
The prosecutor usually has the burden of proof at a detention hearing, and unless the prosecutor meets that burden, the defendant is entitled to pretrial release. However, in some cases involving serious drug charges, the law imposes a rebuttable presumption against release. This means that the defendant must produce some evidence showing that he is neither a flight risk nor a danger to the community. That is why it is very important to determine the specifics of your brother’s charge. In particular, the amount of methamphetamines he is alleged to have been in possession of. If there is no quantity of methamphetamine specified, there is no mandatory minimum sentence, while the maximum sentence is 20 years. If there are 5 grams or more of a substance containing methamphetamine, there is a mandatory minimum sentence of 5 years and a maximum sentence of 40 years. If there are 50 or more grams of a substance containing methamphetamine, there is a mandatory minimum sentence of 10 years and a maximum sentence of life in prison.
Pretrial release is an important consideration in my firm’s practice. In many federal criminal cases, the time between arrest and trial may be many months, if not years. We do not want our clients to languish in jail during this lengthy waiting period. Furthermore, it is easier for us to meet with and represent someone who is on a pretrial release. If you would like to speak to me further regarding your brother’s pretrial release prospects, please feel free to call my office at (337)237-0492 to set up a free consultation....
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