Federal arrests can have serious consequences for individuals. Not only could a person face stigma when entering the job market, they could also face criminal consequences for their actions. Following an arrest, a person will have an arraignment where the courts determine whether to release someone or not and what the bond amount should be if the person is eligible for release. If you want to know more about getting released on bond for Maryland federal cases, consult an accomplished criminal defense attorney that could answer your questions.
Arraignment Process
The arraignment is a critical step, especially for those who want to attempt getting released on bond for Maryland federal cases, because it the presiding judge will decide whether someone is going to remain in federal custody until their trial date or if they will be allowed to go home and, if so, under what conditions. The judges often look at specific factors in two categories. They determine if a person is a harm or danger to the community or to themselves and whether they are a flight risk.
When the judge considers whether a person is a danger, they look at the nature of the allegation to see if it involves a violent crime, a crime against the person, a crime against property, or a non-violent financial crime. The judge looks at the nature of the allegation and the evidence. While the arraignment is not a trial, the judge can look at the allegation and whether it is based on a single statement. Perhaps there is evidence of the person on video committing the crime. The judge also looks at the person’s record to see if there are convictions for a violent offense or if their record is clean.
Flight Risks
Before getting released on bond for Maryland federal cases When the judge must decide whether the individual is a flight risk, they to make sure that the person returns to court. They look at the charges and the potential consequences. When someone faces life in prison if convicted versus a short prison sentence or probation, the judge considers the individual ties to the community and whether they are from the area. Other factors are whether the person has a family, their employment, and the length of time they lived in the area. When a person is not from the area or their family lives overseas, the judge takes that into consideration. They evaluate the person’s record and whether they have previously been in trouble with the court system or failed to show up to court appearances. When making the determination, the judge can set a money bond where the person must pay the bond or remain in custody.
At this stage, the prosecution gets to make their case. Sometimes, the prosecution may agree that they do not need to hold the person and they can be released on a promise to return to court. More often, the prosecution will ask the judge to keep them in jail unless they pay a large amount of money. If someone is to be released, the judge can impose strict conditions and requirements. The person’s defense attorney can negotiate with the prosecution, to seek some common ground or can push back against the prosecution’s arguments and represent a more reasonable and supportive case for their client’s interest. The defense attorney can be critical at the stage when a person is fighting to be released and defend themselves.
Signing Over Collateral to Secure Bond
Depending on the amount, sometimes a person can sign over collateral such as personal property, a vehicle, home, or real property. If the person shows up to court, the property is returned to them. If a person fails to show up, the property can be repossessed. In addition to a money bond, the judge can also put conditions. They may ask someone to turn over their passport to ensure that they do not leave the country. The judge can place specific conditions such as travel restrictions, or confinement to the home except to go to work.
The restrictions when getting released on bond for Maryland federal cases depend on an individual’s background, the nature of the allegations, and the overall facts of the case. The judge is not supposed to consider the specific facts and the truth of what happened. Those issues are taken up at trial. The prosecution must prove the allegations with evidence. The defense can challenge that evidence and introduce their own evidence. There are pre-trial motions hearings for the bail review, where the judge looks at the general nature of the allegations and the characteristics of the person charged.
Value of a Maryland Federal Criminal Lawyer
It is critical you have an experienced lawyer to represent you at the arraignment. A judge is going to decide if you will have to sit in jail or go home to your family. The lawyer knows what information is important and relevant to the judge’s determination. They can interview you and present the information to the judge. An attorney can speak to family members, and encourage friends, family, and work colleagues to come to court to speak about your character and background to the judge. Sometimes, they write letters to the judge, attesting to your character or to show their support.
The lawyer can help get your passport and physically hand it over to the court. In addition to constructing the arguments and presenting the information to the judge, the lawyer can assist in collecting and gathering all of the information to make the most compelling case to the judge to facilitate your release. If you want to know more about getting released on bond for Maryland federal cases, and how an attorney could help you, speak with a skilled lawyer that can help.
