Federal Criminal Detention Hearing
The United States Attorneys Office may request that the federal defendant remain in custody and be detained. AUSAs usually request detention in drug cases which carry years in prison, offenses that carry life sentence or the death penalty or where the allegations include violence. Detention can also be sought if the defendant is considered a flight risk, i.e., there is a danger that he or she may leave the state or country. In Los Angeles and San Diego the persons that are detained are housed in each cities respective Metropolitan Detention Center. In many counties such as Orange and Imperial county Federal defendants are housed at city or county facilities while awaiting trial. The federal prosecutor must make the detention request at the defendant’s very initial appearance and the hearing must usually be held within one week.
The United States Federal District Court Judge or the Magistrate will generally look at four factors when deciding whether a defendant should be released while the case pending or not, they are:
(1) The nature and circumstances of the offense including whether the offense is a crime of violence or involves a narcotic drug
(2) The weight of the evidence against the person;
(3) The history and characteristics of the defendant including character, physical and mental condition, family ties, employment, financial resources, length of residence in the community, community ties past conduct, history of drug or alcohol abuse, criminal history and record of appearance at court proceedings;
(4) The nature and circumstances of the danger to any person or the community that would be posed by the person’s release.
