Pretrial Detention Hearings 

If you, or someone you know, is arrested for a federal crime, one of the first things you might need is an attorney for a pretrial detention hearing.  Depending on the charge and whether the government makes a motion for pretrial detention, a pretrial detention hearing can be one of the most important hearings in the case because the result could be the difference between the individual being released on bond or remaining in custody for the entire case.

At Hubbs Law, our experienced federal criminal defense attorney has the knowledge and skill necessary to attempt to get your loved one out of custody.  You can call 305-665-9040 anytime for a free consultation. 

What is a Pretrial Detention Hearing?

A pretrial detention hearing is a hearing in federal court where a judge will determine whether or not the law permits or requires a defendant to be detained without bond while the case is pending.  The hearing is similar to a bond hearing and can involve testimony, evidence, and legal arguments. 

In federal court, a defendant’s right to be released is generally governed by 18 U.S.C. § 3142.  Under that statute, a person is generally entitled to bond under the least restrictive conditions that can reasonably protect the safety of the community and assure the defendant’s appearance in court. 

However, in certain cases the government may make a motion for pretrial detention and attempt to hold the defendant in custody without bond for the duration of the case.  For example, if a defendant is charged with a drug offense with a maximum sentence of ten years or more, a firearms charge under 924(c), a terrorism charge, or an offense involving a minor, there is a presumption that no conditions of release will reasonably assure the defendant’s appearance in court or protect the safety of the community. 

Even if there is a presumption based on the underlying charge, a defendant can still rebut the presumption with evidence that he is not a flight risk or a danger to the community at the pretrial detention hearing.  Such evidence could include character letters, a lack of a criminal record, and assets that could be used for bond.

At the pretrial detention hearing, the Judge would need to decide whether there are pretrial release conditions that can reasonably assure the defendant’s appearance in court and protect safety of the community.  If there are, the Judge is required to set the least restrictive pretrial release conditions to accomplish that goal.  If there are not, the Judge is required to hold the defendant no bond pending trial. 

How Will a Pretrial Detention Hearing Affect My Case?

If a defendant loses a pretrial detention hearing, he will be ordered to remain in custody for the duration of the case.  While he will still have the same rights to challenge the legality and sufficiency of evidence in the case, statistics have shown that individuals that are held without bond are convicted at a much higher rate than individuals that are out of custody.  This is likely due to a variety of factors including the fact that a defendant who is out of custody is better equipped to assist in his or her own defense.   

Can I Appeal a Judge’s Pretrial Detention Ruling?

Yes, a defendant can appeal a judge’s decision to hold him pretrial detention.  However, it is generally very difficult.  Unless the judge misapplied the law in the pretrial detention hearing, the judge’s decision will likely be reviewed under an abuse of discretion analysis.  This means that the appellate court would likely uphold the judge’s decision as long as there was some factual support in the record for the reasons to hold the defendant pretrial detention. 

Can a Lawyer help Me for a Pretrial Detention Hearing?

An experienced attorney can help you, or your loved one, if the government moves for pretrial detention.  An attorney can help by analyzing the case, collecting the best possible evidence for the hearing, and making good legal arguments to the judge in support of pretrial release.  The pretrial detention hearing is such an important part of a federal case and you need to make sure you hire the right attorney for you or your loved one.

Find an Attorney for Pretrial Detention Hearings in Miami, FL

If you or your loved one needs an attorney for a pretrial detention hearing, give our office a call.  Hubbs Law attorney E.J. Hubbs is board certified in criminal trial law.  He has handled over 10,000 criminal cases in his career and over 50 jury trials.  He has the experience you need to attempt to obtain the best result on your case. 

Hubbs Law defends clients charged with all types of federal crimes in Miami and throughout Miami-Dade County, including South Miami, Miami Gardens, South Beach, North Miami Beach, Kendall, Cutler Bay, North Miami, Pinecrest, Doral, and anywhere else in the South Florida area.

At Hubbs Law, your first consultation is always free for federal criminal defense cases.  Call us today to schedule your free consultation at (305) 570-4802.

Additional Resources

• Department of Justice (DOJ) - find information on the Department from the executive branch that is tasked with creating law enforcement agencies to fight crime in the United States.
• U.S. Attorney’s Office for the Southern District of Florida - find information about the agency that prosecutes federal crimes and handles pretrial detention hearings for the government.
• District Court for the Southern District of Florida - find information for every court location in the Southern District of Florida, attorney information, judge information, and case information.
• Magistrate Judges for the Southern District of Florida - find the list of magistrate judges for the Southern District of Florida. Magistrate judges handle first appearance, bond, and pretrial detention hearings for defendants that have been recently charged with a crime. 
• United States Marshalls - the United States Marshalls are the law enforcement agency tasked with enforcing federal court orders.  This includes providing courtroom security and executing fugitive arrest warrants.