callie glanton steele supervising deputy federal public defender central district of california
Post on 01-Apr-2015
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THE BAIL REFORM ACT LIVES! HOW TO PERSUADE THE COURT
TO RELEASE YOUR CLIENT ON BAIL
Callie Glanton SteeleSupervising Deputy Federal Public Defender
Central District of California
What are Two Main Goals of a Detention HearingRelease Client
Build Relationship with Client
How do we build a strong relationship with our client?Put yourself in your client’s shoes
Get to know your client
Why is release important?
Client can assist in investigation
Client will realize that you care
Improve attorney-client relationship
Release on Bail
How many of you routinely have your clients released on bail?
On which types of cases are you obtaining bail?
Would you ask for bail in these scenarios?Illegal Reentry Case?
Possession of Child Pornography?
Felon in Possession of a firearm?
Would you ask for bail in these scenarios?Crack Case – Min 10 yrs, possible 851,
prior state drug case
Supervised Release Violation – facing 16 mos, client’s mother is dying
Client’s second Medicare fraud case, received 37 month sentence - resentencing after appeal, served 9 mos
Bail Reform Act
18 USC Section 3142upon appearance – the judge shall issue an order that the person be released on:
1) personal recognizance or unsecured appearance bond;
2) released with conditions;3) temporarily detained; or4) detained
Starting Point of Act - ReleaseRelease (personal recognizance or unsecured appearance bond) is the starting point
If - flight risk or a danger then conditions of release may be set
Conditionsno new crime, DNA sample and
(B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person--
(i) remain in the custody of a designated person; (ii) seek or maintain employment(iii) educational program;(iv) abide by specified restrictions on personal
associations, place of abode, or travel;(v) avoid contact with victim and witnesses; (vi) report to law enforcement agency, pretrial
services agency, or other agency; (vii) comply with a curfew; (viii) refrain from possessing a firearm, destructive
device, or other dangerous weapon; (ix) refrain from excessive use of alcohol, or drugs; (x) undergo available medical, psychological, or
psychiatric treatment;
(xi) execute a property bond, which can include money, as is reasonably necessary to assure the appearance of the person as required;
(xii) execute a bail bond ;
(xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and
(xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.
Important Provisions(2) The judicial officer may not impose a
financial condition that results in the pretrial detention of the person.
(3) The judicial officer may at any time amend the order to impose additional or different conditions of release.
Pretrial Detention Only If(e) Detention.--(1) If, after a detention
hearing
Finding that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community
Gov’t Can Move to Detain Crime of violence - an offense that has an element the use,
attempted use, or threatened use of physical force against the person or property of another;
an offense listed in §2332b(g)(5)(b) - terrorism offense (10 year max)
Sexual Abuse felony or offense with max of life or death
Drug offense – max 10 years or more
Felony with minor victim or possession or use of a firearm, destructive device or dangerous weapon, or failure to register as a sex offender
Or serious risk of flight, witness tampering or obstruction of justice
(Rebuttable presumption)
Court Can Sua Sponte Move for Detention Hearing
serious risk of flight, witness tampering or obstruction of justice
Detention HearingDetermine if there is any condition or combination of conditions that will reasonably assure the appearance
safety of any other person and the community.
FACTORS FOR COURTNature and circumstances of the
offense
Weight of the evidence
History and characteristics
Physical and mental condition
Family ties
Factors to ConsiderEmployment
Financial Resources
Length of Residence in Community
Community Ties
Past Conduct
Factors to ConsiderHistory of Drug/Alcohol Abuse
Criminal History
Record of Appearances for Court
Whether Client was on probation or parole
Nature and seriousness of danger posed by release
Presumption of Innocence(j) Presumption of innocence.--Nothing in this section shall be construed as modifying or limiting the presumption of innocence.
Previous ExamplesIllegal Reentry Case?
Possession of Child Pornography?
Felon in Possession?
Previous ExamplesCrack Case – Mand Min 10 yrs, 851 possible, prior state drug case
Supervised Release Violation – client’s mother is dying
Client’s second Medicare fraud case, received 37 month sentence - resentencing after appeal, served 9 mos
Is There A Case Where We Never Ask for Bail?
Is There A Case Where We Never Ask for Bail?Never say never
Prior aggravated felony
Pending State Case
Questions
Good Luck!!callie_steele@fd.org
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