1. Handling a New Federal Case: Initial Appearance, Preliminary Examination, Detention Hearing

2. The Complaint

3. Fed. R. Crim. P. Rule 5 - Initial Appearance
(a)(1)(A) A person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge…

4. The Client Interview Pretrial services report Donnie Defendant
Clara Client

5. Indictment v. Complaint
Probable Cause v. No Probable Cause
Fed. R. Crim. P. Rule Preliminary Hearings

6. Pretrial Release and Detention 18 U.S.C. § 3142

7. When the government can move for detention?
9 Types of Cases
Read: Almost Every Case!

8. Detention Hearings Timing
Shall be held immediately upon the person’s first appearance before the court unless that person or the government seeks a continuance.
Government – up to 3 days, except for good cause.
Defense – up to 5 days, except for good cause.

9. Defendant’s Rights Right to Counsel Right to Testify (Bad idea)
Right to Cross Examine
Right to Present Witnesses
Proffer
Note: Rules of evidence do not apply.
Hearsay and Proffered evidence are admissible

10. Detention Factors § 3142(g)
Nature and circumstances of the offense charged.
Weight of the evidence.
History and Characteristics of the person.
Nature and seriousness of the danger posed to any person or community by person’s release.
On a property or surety bond, the court can make an inquiry into the source of the funds/property.

11. Nature & Circumstances of Offense Charged

12. Weight of the Evidence

13. History and Characteristics of Person
Physical & Mental Condition
Length of Residence in the Community
Financial Resources
Record of Court Appearances
History of Drugs & Alcohol
Criminal History
Employment
Record on Release
Character
Community Ties
Family Ties
Past Conduct

14. Danger Posed to Person or Community
PRIORS
GANGS

15. Pretrial Services Report: Who is my client?
From Dallas, longtime resident
30-year school teacher
Same residence for decades
Briefly married
No mental health, drugs
1 DWI prior (20 years ago, successful discharge)
No holds
Church
Donnie Defendant

16. Pretrial Services Report: Who is my client?
On probation for misdemeanor possession of marijuana (1 bond forfeiture)
Ties outside the country
Only employed one year at job
History of MJ use; rehab history
Dallas for 20 years
History of Depression
2 kids, married 20+ years
No holds
Clara Client

17. Before the Magistrate Enters the Court
Are you going to waive your detention hearing?

18. Presumption Cases § 3142(e)

19. Presumption Cases § 3142(e)
Controlled Substance Offense, 10 + years
Gun + Felony, 18 U.S.C. § 924(c)
Felony w/ minor victim, 18 U.S.C. § 3142(e)
Felony involving failure to register, 18 U.S.C. § 2250

20. Presumption & Burdens
Defendant – burden of production of “some credible evidence.”
Government – burden of persuasion.
No condition or combination of conditions will:
(1) reasonably assure the safety of another person and the community by clear and convincing evidence. § 3142(f) or
(2) Substantial risk that defendant may flee by a preponderance of the evidence. United States v. Fortna, 769 F.2d 243 (5th Cir. 1985).

21. Ways to rebut the presumption

22. Detention Witnesses

23. Conditions of Release § 3142(c)

24. Revocation of Release § 3148

25. Review of Detention Order § 3145

26. Detention Pending Sentence § 3143
Pending Sentencing: court must find by clear and convincing evidence that a person is not likely to flee or pose a danger to community.
If COV, max punishment life/death, drug offense with 10+ max
Good luck.

27. Detention Pending Appeal § 3143