If you are the focus of a federal criminal investigation, you may be subject to detention after your arrest. This means you could be held in jail until trial. Fortunately, not everyone faces detention before trial. The federal judge could release you to await trial at home.
The criminal defense lawyers at Berry Law have years of experience with federal cases. We can help you push for pre-trial release in an Omaha federal criminal investigation. Additionally, our legal team can help you fight for favorable conditions in your release.
Understanding Pre-Trial Release and Bail
Many people have heard of “posting bail” in a criminal trial. Courts have the authority to set a certain amount of money you must pay to be released before trial in order to guarantee that you will appear at your court date. In addition to the bail, there may be certain conditions of your release. However, bail is typically only set in state criminal cases.
Federal courts generally do not offer bail. After a federal arrest, you will either be held in jail or released under certain conditions. During a pre-trial release in a federal criminal investigation, the court will likely assign a probation officer to your case who will monitor you until trial.
Reasons to Grant a Release in a Federal Criminal Investigation
Americans are presumed innocent until they are proven guilty. The prosecution bears the burden of proving that you are a flight risk or that you would put the community in danger if you were released.
A proactive attorney can build and present a valid defense to the prosecution’s arguments to keep you incarcerated. If the federal judge has no good reason to believe you will run away, present a danger to the community, or threaten the evidence in the case, he or she should be willing to release you until trial.
Types of Conditions for a Pre-Trial Release
Pre-trial release generally comes with conditions. For example, the federal court may order you to stay in a certain state, district, or city. You might also be issued a curfew. Other types of conditions for release include:
- Requirements to turn over firearms
- Mandatory abstinence from drugs and alcohol
- Compulsory drug tests
- Requirements to continue work or go to school
- Mandatory substance abuse treatment
- No-contact orders for specified individuals
- Restrictions against communicating with individuals with criminal records
Depending on your current living situation, the court may even order you to live in a halfway house until trial. If you fail to follow these guidelines, you could be put back in jail. Additionally, committing another crime during your release can lead to new charges.
What Does Release On Your Own Recognizance Mean?
If the court releases you “on your own recognizance,” you will be released without bail as long as you agree to appear in court. However, you will still need to abide by the conditions of your release.
What is the Least Restrictive Condition?
“Least restrictive condition” is a term that refers to the fewest amount of conditions of release that can guarantee the person will attend court and not be a danger to the community. If you have questions about the conditions of your release, you should speak with a seasoned lawyer right away to understand whether or not your conditions are reasonable.
Get Help With a Pre-Trial Release in an Omaha Federal Criminal Investigation
If you were arrested on federal criminal charges, you may be dealing with a great deal of anxiety. The criminal justice system can be overwhelming, especially for those who have never experienced it. At Berry Law, we will fight for your release so that you can adequately prepare for your trial in peace. Contact us to schedule a confidential consultation to discuss pre-trial release in Omaha federal criminal investigations.