The Bail Bond Process in Federal Courts is totally different than in Oklahoma District Court. While many people are familiar with the basics of bail and bonds when it comes to state criminal charges, the process for a federal criminal charge is very different. The federal court process is far more complicated than the state process, so those who are arrested and charged with a federal crime will want to understand what they will be facing and speak with a lawyer to get help right away. This could help them secure a pre-trial release.
In Federal Court Accused Must Go Through a Pre-trial Hearing
With federal cases, it’s not possible to be bailed out until after a pre-trial hearing. Soon after the arrest, typically the same day, the accused will be interviewed by a pre-trial service officer. The interview typically covers the accused’s personal background, their finances, and their criminal history to determine if they may be a flight risk or a danger to the community. After this, they will give their recommendation to the United States Magistrate. The next step is the pre-trial hearing, where the magistrate will determine whether the accused is able to be released, pending the outcome of their trial.
Federal Criminal Bond Conditions Apply
In a state criminal case, the accused would be given a bail amount, then would need to secure a bond using collateral or a deposit to secure their release. In federal court, the process is very different. During the pre-trial hearing, the court may set a bail amount for the accused to be released. In many cases, they’ll be able to simply sign a signature bond instead of needing to come up with collateral.
Though the signature bond will allow them to be released from custody, they will likely need to follow certain pre-trial conditions included with the bail. Conditions can include surrendering passports, agreeing to limited travel, surrendering firearms, agreeing to a curfew, restrictions on employment, court-ordered evaluations, and GPS monitoring. Depending on the reason for the arrest, there could be other conditions imposed by the courts that are more specific to the case.
Pre-Trial Release is Not Guaranteed
It is important to remember that pre-trial release is not guaranteed. If the accused is considered a flight risk or is determined to be a danger to the community, they may not be released. Other reasons for a pre-trial release to be denied include an accusation of a crime punishable by more than 10 years in prison, an accusation of an act of terrorism, an accusation of human trafficking, or an accusation of any crime involving a minor. If bail is denied and the accused is not given pre-trial release, they do have the option to appeal this decision.
The bail and bond process for federal courts is far more complicated than state courts, and it can be more difficult for someone to be released on bail. Anyone accused of a federal crime should speak with a lawyer about their situation and get help with the interview and pre-trial hearing to determine if they are eligible for bail. This could make it more likely they will be given bail.
Oklahoma Federal Criminal Defense Attorney
If you’ve been charged with a crime in Federal Court you need proper representation in your corner. Our team of Tulsa Oklahoma criminal defense attorneys will guide you through the process stating a the bail bond process in Federal Courts on through a trial if its necessary. Get a Free consultation today