![]() Remember, however, these reports are not supposed to be seen by case agents, and there usually is a statement to that effect somewhere on the front page of the report.įor a lengthy discussion regarding the procedures and theories of pretrial release and detention, see Ailemen, 165 F.R.D. If your district uses "duty attorney's" for magistrate court, a review of the pretrial report is essential to make an accurate statement regarding the government's position on the matter of bond. It is important to make such a review a regular practice as information relating to a defendant's community contacts, pager and telephone numbers, bank information, asset information, criminal history, etc. Normally, government attorneys are permitted to view a copy of the pretrial report (usually marked "Attorney's Copy"). PRACTICE NOTE: The pretrial service officer's report is often a good source of information relating to the background of a defendant. Pretrial services officers are also authorized to establish facilities for and conduct the supervision of defendants released under the provisions of Section 3142. Pretrial services officers are authorized to make recommendations as to whether a defendant should be detained or released, including specific recommendations regarding conditions of release. Section 3154 specifically empowers pretrial services officers with the authority to collect information from defendants and other sources relative to the matter of bail. Title 18, United States Code, Sections 3152 through 3154 pertain to the administration and the supervision authority of pretrial services officers in the federal criminal system. Once a defendant has been convicted of the federal charges, Title 18, United States Code, Section 3141(b) vests authority with district judges and the appellate courts to make bail determinations pending the imposition or execution of sentence, or pending appeal of the same. The term "judicial officers" is defined in Title 18, United States Code, Section 3156, along with other terms relevant to the matter of bail in criminal cases. Title 18, United States Code, Section 3141(a) gives "judicial officers" authority to make determinations regarding bail in all stages of a criminal case, up to and including the trial stage. These sections contain specific guidelines that "judicial officers" must follow in considering whether a defendant should be detained or released pending federal criminal proceedings. In federal criminal proceedings, release and detention determinations are governed by the Bail Reform Act of 1984. at 752, and "the Due Process Clause of the Fifth Amendment". The subject of bail and detention also implicates the Fourteenth Amendment's Due Process Clause, and requires that laws imposing pretrial detention "serve a compelling governmental interest", Salerno, 481 U.S. 739, 754-55 (1987)("eighth amendment does not grant absolute right to bail"). ![]() The United States Supreme Court has interpreted this amendment to prohibit the imposition of excessive bail without creating a right to bail in criminal cases. General Provisions Regarding Bail and Detention in Criminal Cases: The Eighth Amendment to the United States Constitution provides that "xcessive bail shall not be required.
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