Legal Question in Criminal Law in Tennessee

federal bond hearing time line

How long can the defendant be held in ''federal'' custody before he is given a bond hearing?


Asked on 3/09/06, 12:09 pm

1 Answer from Attorneys

David Heroux Haymaker & Heroux P.C.

Re: federal bond hearing time line

In the federal system it is called a detention hearing. A detention hearing must be held immediately upon the defendant�s first appearance before the judicial officer unless the defendant, or the attorney for the Government, seeks a continuance. Except for good cause, a continuance on a motion of the defendant can not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on a motion of the Government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday). 18 USC 3142(f)(2).

There may be good reasons to waive challenging detention which are dependant on case facts. A person who has been arrested, charged, or questioned by law enforcement needs an attorney.

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Answered on 3/09/06, 1:18 pm


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