If you believe that a federal agency is investigating you, you should be aware of potential risks associated with arrest, including detention. Detention is when you are incarcerated in jail until trial and cannot go home before your court date.
Given that the trial date could be set days or weeks after your initial arrest, it is important that you seek help from a qualified attorney to avoid detention in an Omaha federal criminal investigation. The legal team at Berry Law has experience fighting these situations and may be able to help you retain your freedom.
Why Would a Federal Court Order Detention?
There are several reasons why a federal court in Omaha might choose to detain a defendant until trial. The court will assess the possibility that you might flee, the severity of the charges against you, your criminal history, and the threat you pose to any witnesses or evidence.
The court will not release you if it believes you will run away before trial. When determining whether you are a flight risk, the court will look at your financial situation, your connections to individuals in other states or countries, and your ties to the community.
If you were accused of a serious crime, the court may choose to detain you based solely on the severity of the charge. For example, if you were arrested on particularly brutal charges, you may be detained despite having no criminal record.
Extensive Criminal History
If you have an extensive criminal history, the court may also deny pre-trial release. This is especially true if you were convicted of violent crimes in the past, or if you have a history of failure to appear in court in the past.
Danger to Witnesses or Evidence
If there are certain witnesses or pieces of evidence that are key to the prosecution’s investigation, the court will determine whether you pose a threat to them and whether your release may endanger them. The court may decide to detain you if you have access to the evidence or witnesses.
Fighting a Pre-Trial Detention Order in Omaha
Receiving a pre-trial detention order does not automatically mean you will be detained. An aggressive federal defense attorney can help you appeal the detention order. To initiate this process, your lawyer would ask a higher court to review the decision.
Even if you do not successfully appeal the decision, a lawyer can also fight for the detention to be temporary. For example, if new evidence is revealed or you are able to get necessary treatment, the federal judge may agree to revisit the discussion of detention. In this case, an attorney can aggressively argue for your release.
Where Are Defendants Detained Before Trial?
The location of your detention depends on many factors. In a federal case, the court will likely try to keep you as close to the courthouse as possible. However, that is not always possible. An experienced lawyer can inform you and your family of the potential place you may be ordered to serve your detention.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Contact Us to Fight Against Detention in an Omaha Federal Criminal Investigation
Hiring an experienced lawyer is crucial if you want to avoid detention in an Omaha federal criminal investigation. Our legal team can make sure your case starts off strong and help you achieve your desired outcome.
Even if the court detains you, our attorneys can potentially identify evidence or circumstances to argue for your release. Contact us today and schedule a confidential consultation and begin working on your case.