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THE CRITERIA THAT COURTS USE TO CONSIDER PRE-TRIAL RELEASE
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1. Connections to the community.
2. Length of residence
3. Employment record
4. Prior Record
5. History of missed court appearances.
6. The nature and circumstances of the crime charged.
* A denial of bail based solely on the nature of the crime charged may be found to be an abuse of discretion when other factors weigh in favor of release. A person with strong family ties to the area and no prior history of arrest, the presumption of dangerousness does not prevent the person from obtaining pre-trial release.
7. The weight of evidence against you.
8. The potential threat to any person of the community due to your release.
9. Your character, physical and mental condition.
I0. Financial resources.
11. Past conduct.
12. Alcohol and substance history.
13, The manner in which you present yourself to the court.
Preliminary Hearing Federal Court
After the initial appearance a defendant charged with a federal crime who has not yet been indicted by a grand jury has the right to a preliminary examination. The purpose of the preliminary hearing examination typically held in front of a magistrate is to ascertain whether there is probable cause to hold a defendant to answer for the crime charged. Hearsay evidence may be considered in making the probable cause determination. Defendant has the right to cross-examine those persons who testified against him and may introduce evidence in his own behalf (a motion to suppress is not made at this time). Motions to suppress are made to the trial court.
