Cox & Mazzoli


Federal Criminal Defense Series - Part II

Federal Criminal Defense Series - Part II

Securing a client's release from jail in a federal criminal case is completely different than in state court.  In state court a bond is almost always set by a judge shortly after someone is arrested.  Then, at arraignment, you can usually persuade the judge to lower the bond. 

Instead of posting financial bonds, federal judges generally either detain a defendant with no bond or they allow the person to post an unsecured bond which does not require any funds be posted.  There is also a presumption in federal court that a defendant in a drug case or crime of violence case is a flight risk and/or a danger to the community. (18 U.S.C. Section 3142). These presumptions are rebuttable however, but still require the defendant's attorney to produce evidence first at a detention hearing. 

It is important that defendants retain aggressive, experienced federal criminal defense attorneys at the earliest stage of a case.  Careful planning, preparation and experience can make the difference between a defendant remaining in jail while the case is pending or being released.

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