Articles Posted in Bail

This topic is of particular relevance given the publicity surrounding the indictment, arrest and detention of Sean “P. Diddy” Combs in the Southern District of New York this week. Both at the Magistrate-Judge at the initial hearing, and the District Court Judge hearing the appeal the following day, held that no conditions of release could…

Newly sworn in Manhattan District Attorney Alvin Bragg issued new policies and procedures to his staff that substantially altered existing office policy in prosecuting criminal cases. The new directive defers certain prosecutions for lower-level offenses, reduces certain felony offenses, prohibits seeking life in prison without parole, and prohibits seeking bail except in limited violent offenses.…

In the federal system, most people charged with non-violent offenses are released on conditions after their first appearance before a magistrate judge. Conditions of release are meant to reasonably assure the appearance of the defendant in court as required, as well as the safety of any other person or the community pursuant to 18 U.S.C.…

I’ve posted before about the line of case following United States v. Trujllo-Alvarez, 900 F. Supp. 2d 1167 (D.Or. 2012), which held that ICE could not detain and attempt to remove a non-citizen defendant charged with the federal crime of illegal re-entry, once the defendant has been released under the Bail Reform Act. Trujillo and…

In the federal system, a person may be charged and arrested by way of a complaint or indictment. A complaint is a written statement of essential facts establishing the offense charged made under oath by the agent before a magistrate-judge. Based upon the complaint, an arrest warrant may be issued upon the establishment of probable…

When an individual is charged with a federal crime, whether by Complaint or Indictment, they are entitled to a Bail Hearing under Title 18 U.S.C. Section 3141 et seq. Under the relevant statute, a person may be released on a personal recognizance bond or unsecured appearance bond; on a condition or combination of conditions; or…

In January 2017, the New Jersey Legislature amended the State Constitution and passed legislation to dramatically alter the process by which courts determine whether a defendant is held in jail – rather than released – while awaiting trial. While defendants previously could secure pretrial release by paying bail money to the court, the new system,…

When a person is arrested and charged with a crime, they are in most cases entitled to bail. Bail is not supposed to be punitive, rather it is designed to help insure that the person charged attends all court appearances and follows all conditions of release set by the court. Standard conditions may include travel…

The stages of a criminal case as it proceeds through the legal system can be confusing for individuals who find themselves on the wrong end of legal charges for the first time. Though popular media has no shortage of stories set within the criminal justice system, these fictional depictions often leave out important details. When…