If you are arrested for a state offense such as DUI, your case will be handled in state court. If you are arrested for a federal offense, such as mail fraud or other federal crimes, your case will proceed through the federal court system.
Federal court release operates very differently from state court, and understanding the process ahead of time can help reduce stress and delays.
Types of Bonds Used in Federal Court
Federal courts typically use signature bonds or property bonds rather than traditional commercial bonds.
A signature bond, also called an unsecured bond, requires a responsible third party to co-sign and agree to financial responsibility if the defendant fails to appear.
A property bond is secured by real estate. This usually requires a recent property appraisal, a current lot book report from a title company, and notarized documents filed with the county recorder’s office. Because of the documentation involved, property bonds take time to arrange.
How Federal Cases Begin
Federal cases usually begin in one of two ways.
In some cases, the defendant is brought in on a summons. When this happens, an attorney may be able to negotiate release conditions with the U.S. Attorney’s Office ahead of time. This allows time to arrange property documentation and other requirements before appearing in court.
If the defendant is arrested, release conditions are determined by a federal magistrate judge.
How Release Is Determined
When deciding whether to release a defendant, the magistrate judge considers several factors, including employment status, community ties, criminal history, and the seriousness of the charge. The judge also evaluates whether the defendant poses a flight risk or a danger to the community.
Conditions may be placed on release. These can include travel restrictions, surrendering a passport, drug testing or treatment, third-party supervision, GPS monitoring, and employment requirements.
Pretrial Services Interview
In federal cases, defendants undergo a pretrial interview with a Pretrial Services Officer. The interview focuses on background information such as family, education, work history, and finances. Questions about the alleged crime are not asked.
If you are unsure whether answering a question could incriminate you, you have the right to consult with your attorney before responding.
The officer prepares a report for the judge that includes background information and a recommendation for release or detention, along with suggested conditions.
Supporting Release
Attorneys can strengthen a request for release by providing letters of support from family members, employers, community leaders, or religious organizations. In some cases, a custodian may be required. A custodian is someone who agrees to supervise the defendant and ensure all conditions and court appearances are met.
How Mercy Bail Bonds Can Help
Mercy Bail Bonds is a full-service agency providing state, federal, and immigration bonds. Our experienced team understands the federal court process and works quickly and discreetly to help clients reunite with their families.
We are available 24 hours a day, 7 days a week. Call Mercy Bail Bonds today at (727) 856-7775 for a free consultation.