Release from Custody Pending Trial Means Defendants Should Be on Their Best Behavior

 Posted on February 17, 2015 in Criminal Defense

When a criminal defendant is arrested and charged with a federal crime, it often takes several months before that defendant is brought to trial. In the meantime, a court has several options regarding what to do with the defendant until the time for trial. In most cases, the court will allow the the release from custody of the defendant either on his or her own recognizance or after posting a sufficient bail bond.

A release from custody, however, does not mean that federal criminal defendants have a license to do whatever they please. In fact, certain actions can land defendants in hot water with the court and, potentially, back behind bars.

Purposes and Types of Release

When a court determines whether to release a defendant from custody, it is looking at two factors: First, what type of release and/or conditions of release are necessary to ensure this defendant appears in court for future hearings, and second, how great of a danger does this person pose to the community around him or her? In evaluating these two factors, the court may decide to:

• Release the defendant on his or her own recognizance. This means the person is released from custody based upon his or her promise to appear in court at a future date.
• Require the defendant to post a bail bond. The defendant may post the bond him- or herself, but will usually require the assistance of a bail bondsman.
• Impose conditions on the defendant’s release. For example, the court can require that a defendant released from custody pending trial report to a supervision officer on a regular schedule, submit to random drug and/or alcohol tests, and other such conditions.
• Keep the defendant in custody.

What Happens if I Don’t Follow the Conditions of My Bail Bond?

A criminal defendant released on his or her own recognizance or on a bail bond and who violates any conditions imposed by the court upon him or her can find him- or herself facing significant penalties. Depending on the precise nature of the violation and the defendant’s forthrightness with the court, a court may:

• Order the defendant be taken back into custody and be held without a bail bond amount;
• Order the defendant be taken back into custody and be required to post a new bail bond;
• Order the defendant serve some sort of sanction before releasing the defendant from custody again;
• Reprimand the defendant; or
• Do nothing at all.

Retain an Experienced Federal Criminal Defense Attorney for Help

If you have been arrested and charged with a federal crime, you likely want to get out of custody as quickly as possible and get back to your family and job. An experienced federal criminal defense attorney can help. He or she can provide evidence to the judge showing that you are a good candidate for release in that you are likely to appear for future court hearings and do not pose a threat to those around you.