If you are arrested for a federal crime, the law requires that without delay you be brought before a magistrate who can order that you be released or detained before and during your trial until sentencing. That means there is only a short time in which to prepare for your hearing regarding whether you will be released or not. It is to your advantage to be free from custody in order to properly prepare your defense. You can expect the government to request that you remain in custody while your case is pending and throughout your trial.
Having an experienced attorney who is knowledge and familiar with the Bail Reform Act and federal criminal procedure is paramount if you seek release from custody and the most favorable outcome available. At the Days Law Firm, a Fresno federal defense lawyer will represent you with extensive experience handling detention hearings as well as the offense alleged against you and its penalties. Marc Days has successfully handled thousands of cases and obtained positive results for clients charged with serious crimes throughout the greater Fresno area and Eastern District of California.
Application of the Bail Reform Act can make a difference in whether you remain in or out of custody while defending against federal charges. The Act creates provision for you to be released unless your release poses a flight risk or danger to the safety of others in the community and the court finds that no condition or combination of conditions will reasonably assure your appearance at future court hearings and the safety of any other person and the community. The Act requires that in determining whether there are conditions of release that will reasonably assure your appearance and the safety of the community, the court consider: the nature and circumstances of the offense charged; the weight of the evidence against you; your history and characteristics; and the nature and seriousness of the danger to any person or the community that would be posed by your release. If the court decides to release you on release conditions, the release conditions will include that you not commit a new federal, state, or local offense and the least restrictive further condition(s), including: a third party custodian; maintaining or actively seeking employment; maintaining or commencing an educational program; travel restrictions; avoiding contact with an alleged victim or witness; reporting to a pretrial services officer; curfew; no weapons; no alcohol or drugs; medical, psychological, or psychiatric treatment, including treatment for alcohol or drug dependency; execution of a forfeiture agreement or bond; or any other condition that is reasonably necessary to assure your appearance and the safety of any other person and the community.
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Days Law Firm offers free initial phone consultations. Call us today to review your case.
We are available 24/7 and will meet clients in jail or after hours by appointment.
Zealous State & Federal Criminal Defense Attorney
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