When you are facing federal criminal charges in New Jersey, you need to hire a qualified and experienced criminal defense attorney. An experienced NJ defense attorney can play an instrumental role when you are facing a federal prosecution. You need a lawyer to defend your rights against the unlimited resources available to the federal government and the United States Attorney’s Office. I am a board-certified criminal trial lawyer, certified by the New Jersey Supreme Court. I handle countless federal charges throughout the State of New Jersey on a regular basis.
If you are arrested on federal charges, you will remain in custody of the federal government until you appear before a Judge in court. After you are arrested, you will be interviewed by U.S. Pretrial Services and a report with release and bond conditions will be made for the Court. The Pretrial Services report will be based upon the nature of the charges, your ties and contacts to the community, your background, and criminal record, if any.
Your attorney and the Assistant U.S. Attorney can object to the Pretrial Service report recommendations at your first court appearance. The bail amount and conditions may be set by the Judge during your first appearance. If you are considered a danger to the public or a flight risk, you will be detained without bail. If you are detained, your attorney can appear with you at a later court date to propose a reasonable bail package for the Judge to consider.
At the first appearance, the Judge shall set your custodial status under one of the following categories:
- Released on Personal Recognizance or Unsecured Appearance Bond;
- Released on Conditions;
- Temporarily Detained; or
Release on Personal Recognizance or Unsecured Appearance Bond: This permits your pretrial release on “personal recognizance” or upon the signing of an “unsecured appearance bond” set by the court.
Release On Conditions: If it is determined that you cannot be released on a personal recognizance or unsecured bond, then the Court may impose conditions to assure the safety of the community and to ensure your appearance in Court. Financial conditions secured by cash or bail bond may be imposed. Your conditions of release can be amended at any time to impose different conditions of release. A bail package may be submitted by your attorney to secure your pretrial release on the federal charges.
Factors That Determine Your Eligibility For Release: When making a determination for your eligibility on pretrial release the court will consider the nature of the charges, your ties and contacts to the community, your background, and criminal record.
A release order may impose conditions requiring you to agree not to “not commit a Federal, State, or local crime during the period of release.” If a Court determines that your release on pretrial conditions would not reasonably ensure your appearance or would endanger the public, then there is no guarantee for pretrial release.
Temporary Detention Orders: Temporary detention orders apply – If at the time of the new federal offense:
- You were already on pretrial release;
- You were awaiting sentencing on another case;
- You were on probation or parole;
- You are not a US Citizen or legally admitted in the United States.
Pretrial Motions for Detention: A motion for pretrial detention may only be made if it is determined that no conditions or combination of conditions will reasonably ensure your appearance and the safety of the public
Specific Cases That Require Detention Hearings: The Assistant United States Attorney may file a motion for pretrial detention if your case involves:
- A crime of Violence;
- A crime with a maximum sentence of life or death penalty;
- A drug crime with a maximum sentence of 10 years or more;
- If you have previously been convicted for 2 or more qualifying crimes listed above;
- If the government or the court believes you are a serious flight risk or may obstruct the administration of justice or threaten a witness.
There is extensive case law on detention hearings and pretrial detention motions. An experienced federal criminal defense attorney will be familiar the Federal Bail Reform Act and the factors that the Court needs to consider. More importantly, the U.S. Attorney’s Office may not request a hearing based solely on allegations of danger to the community. The government must present actual grounds to demonstrate it is entitled to a detention hearing. If a detention hearing is warranted, an experienced federal criminal attorney will be able to argue against the grounds for detention that the government must be able to prove before the Court.
At the pretrial detention hearing, it is the government’s burden to prove by clear and convincing evidence that no conditions of release will reasonably assure the safety of the public.
Contact My Office Immediately
Retaining an experienced federal criminal defense attorney from the beginning of your case can make the difference in the conditions required to secure your federal pretrial release. If you are a family member were arrested for a federal offense, or any criminal offense, contact me immediately so that I can review your federal charges from the very beginning. I can review your case and advise you as to all possible defenses to make sure that you are properly represented on your federal criminal charges. Please contact me now by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.