What happens if a loved one or a friend is detained for federal crime charges?
Federal Court handles pretrial release completely different that State Courts in Texas. The accused will have two quick hearings to determine whether he will be released as explained below.
Rule 5. Initial Appearance
(1) Appearance Upon an Arrest.
(A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise.
(B) A person making an arrest outside the United States must take the defendant without unnecessary delay before a magistrate judge, unless a statute provides otherwise.
(A) An officer making an arrest under a warrant issued upon a complaint charging solely a violation of 18 U.S.C. §1073 need not comply with this rule if:
(i) the person arrested is transferred without unnecessary delay to the custody of appropriate state or local authorities in the district of arrest; and
(ii) an attorney for the government moves promptly, in the district where the warrant was issued, to dismiss the complaint.
The Defendant's release will be decided at the second appearance before a U.S. Magistrate
The "Bond Hearing" Preliminary and Detention Hearing.
Pretrial Release and Detention: Title 18, United States Code, Section 3142(a) states "that upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall make a determination regarding bail status of the defendant, and shall enter an order designating a defendant's custodial status" under one of four categories:
- released on personal recognizance or upon execution of an unsecured appearance bond (following the provisions of Section 3142(b));
- released on a condition or combination of conditions as defined by Section 3142(c);
- temporarily detained to permit revocation of conditional release, deportation, or exclusion under Section 3142(d); or
- detained pursuant to the provisions of Section 3142(e)
Our team of professionals at the Law Office of Sostenes Mireles II, PLLC will do everything we can to assist the release of your loved one to secure release from federal custody.