The Detention Hearing follows the initial appearance. You have a right to a detention hearing if the government “moves for detention”. If the government “moves for detention” then they are asking the court to hold you in jail until your case is heard. This is common in federal court.
Your detention hearing will be conducted by a magistrate judge. The magistrate judge will look at the U.S. Code to see what factors to consider in determining whether you should be held or released pending arraignment. Although, there are many factors the analysis comes down to three things. (1) Does the magistrate judge believe that you will show up for future court appearances? (2) Does the magistrate judge believe that your release will present a danger to the community? (3) Does the government have a strong case against you? Under some circumstances there may be a presumption that arises that you will be detained. You may be able to rebut the presumption. Often, you will need a reputable “third party custodian” in order to be released.
For more information about the biggest mistakes people make in federal criminal cases that cost them years away from their families and the most effective ways to avoid these mistakes please call (910) 341-7570 to request a free copy of my book, Busted by the Federal Authorities, A Handbook for Defendants facing Federal Criminal Prosecution or to speak with an experienced professional about your case.
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