Can Bail be Granted in a Federal Case?

By: Wallin & Klarich

One can only hope to never be charged with a federal crime. But if you are arrested, the first thing you should do is contact a Southern California Federal Criminal Lawyer because the Federal criminal justice system is convoluted and often stringent in regard to bail and release.

Pretrial release under the Federal Bail Reform Act gives four provisions for setting bail:
(1) release the defendant on personal recognizance or unsecured bond;
(2) release the defendant on conditions;
(3) temporarily detain the defendant to permit revocation of conditional release, deportation or exclusion; or (4) detain the defendant.

Factors the judicial officer shall take into account are • the nature and circumstances of the offense charged • the weight of the evidence • the characteristics of the defendant (community ties, criminal history, employment, family ties, financial resources, mental condition, etc.)
• the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release
Pretrial release on personal recognizance or an unsecured appearance bond will not be granted if the court determines that such release will not reasonably assure the defendant’s appearance in court or will endanger the safety of any other person or the community. Federal judges have been given broader discretion to detain a defendant if there is a concern for the safety of the community, which includes a foreign community and not just physical harm.

To navigate through the Federal Court system successfully and have a better chance of being released from Federal custody, you must contact Wallin & Klarich to help you or your loved one. With over 30 years of experience as Federal Criminal Lawyers, Wallin & Klarich will assist you in this difficult time. Visit our website at or call us at 888-749-0034. We will be there when you call.

Posted In: Federal Crimes