THE BAIL REFORM ACT LIVES! HOW TO PERSUADE THE COURT

TO RELEASE YOUR CLIENT ON BAIL

Callie Glanton SteeleSupervising Deputy Federal Public Defender

Central District of California

What are Two Main Goals of a Detention HearingRelease Client

Build Relationship with Client

How do we build a strong relationship with our client?Put yourself in your client’s shoes

Get to know your client

Why is release important?

Client can assist in investigation

Client will realize that you care

Improve attorney-client relationship

Release on Bail

How many of you routinely have your clients released on bail?

On which types of cases are you obtaining bail?

Would you ask for bail in these scenarios?Illegal Reentry Case?

Possession of Child Pornography?

Felon in Possession of a firearm?

Would you ask for bail in these scenarios?Crack Case – Min 10 yrs, possible 851,

prior state drug case

Supervised Release Violation – facing 16 mos, client’s mother is dying

Client’s second Medicare fraud case, received 37 month sentence - resentencing after appeal, served 9 mos

Bail Reform Act

18 USC Section 3142upon appearance – the judge shall issue an order that the person be released on:

1) personal recognizance or unsecured appearance bond;

2) released with conditions;3) temporarily detained; or4) detained

Starting Point of Act - ReleaseRelease (personal recognizance or unsecured appearance bond) is the starting point

If - flight risk or a danger then conditions of release may be set

Conditionsno new crime, DNA sample and

(B) subject to the least restrictive further condition, or combination of conditions, that such judicial officer determines will reasonably assure the appearance of the person as required and the safety of any other person and the community, which may include the condition that the person--

(i) remain in the custody of a designated person; (ii) seek or maintain employment(iii) educational program;(iv) abide by specified restrictions on personal

associations, place of abode, or travel;(v) avoid contact with victim and witnesses; (vi) report to law enforcement agency, pretrial

services agency, or other agency; (vii) comply with a curfew; (viii) refrain from possessing a firearm, destructive

device, or other dangerous weapon; (ix) refrain from excessive use of alcohol, or drugs; (x) undergo available medical, psychological, or

psychiatric treatment;

(xi) execute a property bond, which can include money, as is reasonably necessary to assure the appearance of the person as required;

(xii) execute a bail bond ;

(xiii) return to custody for specified hours following release for employment, schooling, or other limited purposes; and

(xiv) satisfy any other condition that is reasonably necessary to assure the appearance of the person as required and to assure the safety of any other person and the community.

Important Provisions(2) The judicial officer may not impose a

financial condition that results in the pretrial detention of the person.

(3) The judicial officer may at any time amend the order to impose additional or different conditions of release.

Pretrial Detention Only If(e) Detention.--(1) If, after a detention

hearing

Finding that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community

Gov’t Can Move to Detain Crime of violence - an offense that has an element the use,

attempted use, or threatened use of physical force against the person or property of another;

an offense listed in §2332b(g)(5)(b) - terrorism offense (10 year max)

Sexual Abuse felony or offense with max of life or death

Drug offense – max 10 years or more

Felony with minor victim or possession or use of a firearm, destructive device or dangerous weapon, or failure to register as a sex offender

Or serious risk of flight, witness tampering or obstruction of justice

(Rebuttable presumption)

Court Can Sua Sponte Move for Detention Hearing

serious risk of flight, witness tampering or obstruction of justice

Detention HearingDetermine if there is any condition or combination of conditions that will reasonably assure the appearance

safety of any other person and the community.

FACTORS FOR COURTNature and circumstances of the

offense

Weight of the evidence

History and characteristics

Physical and mental condition

Family ties

Factors to ConsiderEmployment

Financial Resources

Length of Residence in Community

Community Ties

Past Conduct

Factors to ConsiderHistory of Drug/Alcohol Abuse

Criminal History

Record of Appearances for Court

Whether Client was on probation or parole

Nature and seriousness of danger posed by release

Presumption of Innocence(j) Presumption of innocence.--Nothing in this section shall be construed as modifying or limiting the presumption of innocence.

Previous ExamplesIllegal Reentry Case?

Possession of Child Pornography?

Felon in Possession?

Previous ExamplesCrack Case – Mand Min 10 yrs, 851 possible, prior state drug case

Supervised Release Violation – client’s mother is dying

Client’s second Medicare fraud case, received 37 month sentence - resentencing after appeal, served 9 mos

Is There A Case Where We Never Ask for Bail?

Is There A Case Where We Never Ask for Bail?Never say never

Prior aggravated felony

Pending State Case

Questions

Good Luck!!callie_steele@fd.org