Legal Question in Criminal Law in Kentucky

Bonds

I want to know if you are locked up by federal law can you get a bond or not?


Asked on 6/04/04, 1:15 am

2 Answers from Attorneys

Richard Cline Office of the Ohio Public Defender

Re: Bonds

In the federal system, whether a person is granted a bond is a complex issue. Some charges carry a presumption that no bond should be set, while others carry the presumption that the defendant should be released on bond. This is not something a layperson should try to figure out --- talk to your lawyer.

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Answered on 6/04/04, 7:13 am
E. Brian Davis Davis Law Office

Re: Bonds

Release on bond or detention in a federal criminal matter is governed by the Bail Reform Act. Certain crimes carry a presumption that the defendant must be detained, which can be overcome with sufficient evidence. In other cases, the presumption is for release on bond, which the government can try to overcome. The probation office plays an important role because it advises the judge in what is supposed to be a neutral and objective manner.

In cases where detention is a possibility (but not a foregone conclusion), the bail hearing must be carefully prepared for (under a good deal of time pressure).

Decisions to detain a defendant can be reconsidered by the judge in question or appealed.

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Answered on 6/04/04, 12:52 pm


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