Federal Bail Bond Process Work
When accused of a federal crime, the accused must often pay a substantial sum to be released from jail prior to their trial. The court may also require that the defendant put up property as collateral. If the defendant fails to appear at all or comply with other conditions set by the court, the bond amount may be forfeited and the property taken by the court. The process of setting bail is complicated and varies by case. The decision is made at a hearing held by a judge or magistrate. The judge or magistrate will consider a range of factors including the nature of the charges, the history of the defendant and the severity of the charge.
The judge or magistrate must also weigh the potential danger of release versus the need for security in order to protect the public. If the judge or magistrate determines that the defendant is a flight risk and they cannot be trusted to appear for their trial, the judge or magistrate will deny the defendant reviews for bail bonds.
Defendants in some cases might be eligible for a different form of bail known as a “citation release.” This is a type of bond where the accused agrees to abide by certain restrictions and they promise that they will return to court for their trial. In most cases, however, this is not available.
How Does the Federal Bail Bond Process Work?
A federal bond agent must have extensive knowledge of the court system and the laws that apply to each case. They must understand the complexities of the process and be able to answer questions from both the accused person and their attorney. In addition, they must be able to negotiate with the federal judge and prosecutor for an unsecured bond. This will allow a third party, such as a family member or employer to sign a promise that they will insure the accused’s appearance for their trial.
In many cases, a defendant will be unable to secure a federal unsecured bond and must resort to a corporate surety bond. These are similar to state bail bonds but they are usually based on the accused person’s personal assets, credit score and employment. In addition, the court will have a “Nebbia” hearing where they will examine the financial background of the person who is posting the bond to ensure that they are not using money associated with criminal activity.
The time between arrest and trial in most cases can be months, even years. This is especially true for white collar crimes and other complex fraud cases. An effective defense lawyer can often persuade the judge to revisit the conditions of pretrial release and provide a more lenient bond option. This can make a significant difference in a client’s freedom and their ability to prepare a strong case. Moreover, an unfavorable bond determination at the first appearance can be reversed with effective advocacy by a competent federal criminal defense lawyer. The same is not true of a unfavorable finding at a later hearing.