Posting federal bail bonds for a person's release is a surprisingly different process from the ones that are used in most state and local courts. Before you contact a federal bail bond services provider, it's a good idea to understand what these differences are and how they might apply to your case.
Fewer Options for Bail
In state and local cases, people usually can come up with bail in a lot of ways. This has given rise to an entire financial services industry built around making what ends up being a loan between a services provider, the bond company, and a defendant in a criminal case.
The federal system only accepts two kinds of bail. First, there is a promissory note that is signed by a reputable third party. This serves much the same purpose as cash bail does in local and state proceedings. Second, there is the posting of property as bail. Generally, the federal courts strongly favor the posting of real estate because other forms of property can be difficult to value.
Nebbia Hearings
One of the biggest potential surprises for anyone dealing with the federal criminal justice system is what is called a Nebbia hearing. Named after the defendant in a federal appeals case, a Nebbia hearing is an additional hearing where the government can question the source of the bail being posted. For example, a person charged with drug trafficking might have to prove that the house used to post bail wasn't purchased using the proceeds of illegal activities. To accomplish this, the defendant may have to produce bank, tax and other financial records to document income sources.
If a Nebbia hold is entered, the defendant will remain in custody at least until the hearing. Once the court is satisfied that the source of the bail wasn't tainted, the defendant may be released.
Speed
Federal rules move criminal cases surprisingly fast. You are entitled to an arraignment within 10 days of the initial hearing if you are being held in custody or 20 days if you are out of custody.
If the government wants a defendant to be detained, the bail hearing will automatically be scheduled three working days after the request. The government can enter the request for detention at either the initial hearing or the arraignment. A Pretrial Services officer will interview the defendant to assess potential risks. The judge will then decide bail at the hearing.
To learn more about federal bail bonds, consult a resource in your area.
Share14 December 2019
The court system can seem frightening and confusing if you're not used to using it. Whether you've been accused of a crime and you're trying to navigate the criminal court system, or you're being sued or considering suing someone else in civil court, you need an advocate who knows their way around. That's why finding the right lawyer for the job is so important. In this blog, I'll be helping you learn how to choose the right lawyer for the job and sharing information about legal strategies and courtroom procedures that you may come across when you have a legal problem. You need accurate information to help you understand the court system, and this blog can help.