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bail Archives

Federal System: Arrest Warrant by Complaint or Indictment

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Criminal Defense, Bail, Charges, Grand Jury, Bond, Indictment, Complaint on Wednesday, November 8, 2017

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 cause to believe that an offense has been committed and that the defendant committed it. The warrant must list the defendant’s name, or description by which he can be identified, the offense charged, command that the defendant be brought without unnecessary delay before a magistrate-judge and be signed by the judge.

Tags: Criminal Defense, Bail, Charges, Grand Jury, Bond, Indictment, Complaint

Bail - Pre-Trial Release in the Federal System

By Robert G. Stahl Esq., NJ & NY Criminal Defense Lawyer posted in Pre-Trial Procedures, Bail, Bail Hearing on Friday, October 6, 2017

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 detained. The standard for the court is whether the person will appear for all proceedings and not be a danger to the community.

Tags: Pre-Trial Procedures, Bail, Bail Hearing

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