Detention Hearing in Federal Criminal Case

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Detention Hearing, can I get released with Federal Charges Pending?

Introduction to Federal Charges in Oklahoma

The Federal Criminal Defense Attorneys at Cannon & Associates are FIERCE ADVOCATES for those charged with any and all federal crimes. We have successfully defending many clients in federal court across Oklahoma. 

We are led by John P. Cannon, a former Assistant District Attorney and Assistant Attorney General who prosecuted crimes in state court before becoming the experienced Edmond criminal defense attorney he is today. A successful defense can result in a case dismissal, dropped charges, or a not-guilty verdict at your federal criminal trial. 

If you or a loved one is under investigation or has been indicted, call us for a free confidential case evaluation. Edmond Federal Crimes Defense Attorney John Cannon is a FIERCE ADVOCATE and available to talk to you today. Call Cannon & Associates at (405) 657-2323 and prepare your defense. 

Can I post a bond or get bail in a federal criminal case?

Potentially you can get out of custody, while a federal criminal case is pending. The decision is up to the Court at your detention hearing in federal court. Many defendants in federal criminal court in Oklahoma are held in pre-trial detention (“PTD”). In order words, they are not released before trial. However, a federal judge has the authority to release you on your own recognizance, release you with conditions that are the least restrictive necessary to ensure you appear for court, or detain you in pre-trial detention. 

Both parties are allowed to give the federal judge input on whether or not you should be held in pre-trial detention. The United States Attorney’s Office or federal prosecutor may ask that you be held in pre-trial detention. 

What does the Court consider in a Detention Hearing?

The judge will consider any information presented by the parties and the probation office; however, the primary concerns are the following:

1) Are you are a flight risk? 

2) Are you a danger to the community?

Do any federal charges prohibit Pre-Trial Release?  

A presumption exists you ARE a flight risk and/or a SAFETY THREAT, if you are charged with a drug offense or violent offense that carries more than ten (10) years. The presumption is that no condition or conditions will ensure you appear for court or keep the community safe. The presumption is “rebuttable”, meaning you can overcome by effective presentation of a case for Pre-Trial release. It is almost certain the federal prosecutor will argue the presumption applies and you should not be released pre-trial.  You can potentially win your detention hearing and your freedom while your federal prosecution is pending; through a convincing case for release, cross examination of the agents involved in your case, and argument. Additionally, your federal criminal defense lawyer can present a proffer or statement of what your case would be for release. 

When will by Detention Hearing take place?

Detention hearings are often held at your arraignment in federal court; however, your federal defense attorney can seek a continuance; allowing you more time to prepare. Typically, the federal judge in your case will grant the request for continuance, but it will be reset within five (5) days. The government may proceed by proffer, not present witnesses, i.e. tell the judge about the case and why you are a flight risk and/or danger to the community. However, the prosecutor will typically have an agent available for cross examination by your Oklahoma federal criminal defense lawyer.  

The Detention Hearing is often your Oklahoma defense attorney’s only change to cross-examine this agent before trial. Your federal defense attorney’s ability in this setting to effectively cross-examine the agent is crucial in fighting your case. 

 Additionally, a compelling cross examination is your best or only shot at getting out or staying out of custody before your federal criminal trial or federal sentencing. Finally, your federal defense attorney has the ability to call witnesses and present evidence to prove you are not a flight risk and you are not a danger to the community. Your chosen federal criminal lawyer may proceed by proffer.  

Can I appeal a denial of bond/bail in federal court?

Typically, initial detention hearings are held by magistrate judge. You can appeal the decision of denial of pre-trial release. The appeal goes before the district court, i.e. an Article III federal judge. The federal district judge must consider everything fresh, without deference to the magistrate judge’s position, i.e. De Novo. The federal district judge must make an independent decision concerning your pre-trial release.  

Federal Criminal Defense Lawyers serving Accused in Oklahoma

At Cannon & Associates, we provide experienced federal criminal defense for those accused of state and federal crimes in Edmond, Oklahoma City, and beyond in Oklahoma. We understand the federal detention hearing process, federal criminal jury trial, and the guidelines governing federal criminal proceedings and sentencing for federal crimes.

We offer free confidential case evaluations and can advise you on the steps to seek pre-trial release and defending your federal criminal case as a whole. 

Conclusion

Experience matters when you are facing federal indictment in Oklahoma or the potential loss of your freedom. It is important to know the Oklahoma federal criminal defense lawyer you hire is dedicated to your cause and versed in all aspects of federal criminal defense and federal sentencing guidelines. John Cannon, owner of Cannon & Associates is a former prosecutor and very experienced in the law and issues associated with fighting federal criminal charges and criminal jury trial. He has been recognized as a Super Lawyer and Top 40 under 40 in criminal defense. Contact Cannon & Associates to protect your rights and Fight your case. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 1(405) 657-2323 for a free confidential case evaluation.

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