If you have been indicted on a federal crime you will be subject to pretrial detention if you cannot post bail;


The trial court determines it serves the public interest to detain you until  your case is brought to trial.

Under the United States Constitution you are presumed innocent until proven guilty.  There is no US Constitutional right to bail.  You have the right against the trial court’s arbitrary decision of releasing you or detaining you.  The 8th Amendment also protects you from the Court’s imposition of an excessive bond.  Federal prisoners are entitled to a detention hearing to determine whether there is enough evidence to insure your appearance for trial and that you do not pose a threat to the community if released.  The detention hearing can be postponed for five days at your request or three days at the government’s request.  At the detention hearing you have the right to counsel, the right to testify, the right to produce witnesses and evidence and the right to cross examine witnesses.  Any determination by the trial court that you should not be released from jail prior to trial must be based on the finding that no combination of conditions would reasonably assure your appearance at trial and assure the safety of others.  This finding must be supported by clear and conceiving evidence.  In making the determination the court considers:

1.  the nature of the charges

2.  the weight of the evidence against the defendant

3.  the history and characteristics of the defendant