If you have been arrested, your first priority will be, of course, to be released from custody as soon as possible. Being behind bars has a serious impact on your personal and professional life, and it also makes it even harder to fight for your freedom. Plus, when you are released from jail, it is much easier to get access to legal help and to prepare a defense for the charges raised against you.
In most cases, a federal detention hearing is the only opportunity you, the defendant, to be released before trial. The federal detention hearing is usually scheduled within a few days of your first court appearance.
At detention hearings, you can expect much more informal proceedings than you would find at a trial. The Federal Rules of Evidence also don’t apply at detention hearings which means that the government is not legally required to present their own sets of evidence or witnesses at the hearing. The magistrate judge will determine that, if you are released, no one in the community would be unsafe in your presence, and this would not decrease the chance of you returning for a future court hearing. If you’re deemed dangerous, or a flight risk, you likely won’t be released.
At this hearing, your Nassau County, Long Island defense lawyer can also cross examine witnesses if the government has called any. Your lawyer can also present witnesses if they choose. Your lawyer will also use this opportunity to suggest certain conditions of release to the court–so it’s crucial that you work with an attorney who cares about your freedom and your future.
Why Is The Federal Detention Hearing Such An Important Part Of My Case?
As previously mentioned, the federal detention hearing is the only opportunity the defendant has to be released before trial. When the United States Attorney’s Office requests a detention hearing, this is because the prosecutor is requesting for the judge to keep you in jail without bail while your case is pending. This is what makes the detention hearing so important. This stage of the case can take quite some time to resolve–from weeks to even months– so you need to make sure you have the right lawyer advising you every step of the way.
This hearing is so important for a variety of reasons. If the worst-case scenario outcome occurs, a judge can determine that you’re too dangerous to be released, or that you are at risk of not returning to court at a future date. If you choose to show up to this important hearing without proper legal assistance, you run the risk of gambling with your freedom and not being released. Always turn to a hardworking, knowledgeable criminal defense attorney who has years of experience helping clients in situations just like yours. Gianni Karmily is a trusted Nassau County, Long Island criminal defense attorney who can provide high quality representation if you have been charged with a criminal act. The federal detention hearing is a crucial aspect of your pending criminal case, so call the Law Firm of Gianni Karmily as soon as you have been arrested to make sure you have strong support at your side.
What Are The Potential Outcomes Of A Federal Detention Hearing
At the culmination of the detention hearing, the judge will make a decision regarding whether or not you will be kept in jail or released. At this time, the judge will also lay out the conditions of your release. Conditions of release include: release on recognizance, released on bail, release with conditions, or some combination of all three.
In most cases, the defendant’s best case scenario outcome of a federal detention hearing is being released on personal recognizance, or upon your execution of an “unsecured appearance bond.” Released on own recognizance, also called personal recognizance, means “a release, without the requirement of a posting bail, based on a written promise by the defendant to appear in court when required to do so.”
Schedule A Criminal Case Evaluation With A Hempstead Criminal Lawyer If You Have Been Arrested In New York
If you want to win your federal detention hearing, you’ll need the assistance of a smart, hardworking criminal defense attorney by your side. If you have been arrested in New York, schedule a criminal case evaluation with the Law Firm Of Gianni Karmily to prepare a strong case for your defense. Consult with him as soon as you have been arrested to ensure you have strong representation throughout your case.
