Detention Hearing in Federal Criminal Case
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.
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 (405) 657-2323 for a free confidential case evaluation.
Our Client Reviews
"John has shown nothing but compassion and professional guidance in my case. He truly cares about his clients and is exceptionally understanding when it comes to any case he is representing. He communicates genuinely as well as in a timely matter. If I were able to give his firm any more than 5 stars, I most definitely would. He is incredible."
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"I have known John for about 6 years now in his capacity as a Judge Advocate and a civilian attorney. John has a rare blend of both sharp analytical and interpersonal skills. I have seen John achieve positive outcomes for clients in complex scenarios and If you need an attorney who can do the same for you - this is your guy."
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"John is a highly respected attorney. Professional and compassionate. He has a wealth of knowledge, being a military officer and having served as an Assistant District Attorney, a Public Defender, and an Assistant Attorney General. He helped a friend's son who was headed down the wrong path, but through John's legal defense the young man is now a successful business owner."
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"John Cannon is an excellent attorney. He takes sincere interest in your needs. He maintains communication and provides all the information you might want to fully understand the legal process. He also suggests alternative resolutions to your legal needs so that you can make informed choices. I definitely recommend John."
"My experience with CANNON & ASSOCIATES was absolutely amazing. I hired John Cannon two days before my rebuttal statement was due back to the Staff Judge Advocate. Within that time frame he was able to talk to my Battery and Battalion Commanders, review my evidence, and help me write a rebuttal statement that help prove my case to them, the Brigade Commander and the Post Commanding General. Cannon worked thru the night to help me get the best results for me and my family. Due to his hard work and attention to detail I am still able to continue to serve my country and progress in my military career with no adverse actions on my record. I can not thank him enough on a job well done. Cannon showed me that he was invested in my case and I highly recommend you hire him when you need someone to represent you in a legal matter."
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"Hands down the best lawyer. Mr.Cannon accepted my case and got on it the same day. I would give him 10 stars if I could. I really appreciate the dedication on how he handles things with a short time frame."
"Mr. Cannon has represented me on 2 criminal cases and one civil case over the past 4 years. He has always served me honestly, speedily and with good moral direction. John has integrity and humility. He has never belittled me or treated me in an unfair manor. I appreciate all that he has done for me and I most certainly recommend him to family, strangers and friends. I will definitely use Mr. Cannon in the future for any and all of my family's legal matters."
"Mr. Cannon went above and beyond for my wife. She was facing some pretty hard fines and prison time with the US Marshalls. Mr. Cannon fought a hard fight and got her a GREAT offer. Words cannot express how much I appreciate him and what he did for my wife. I would give 10 stars and I will be promoting him. He's that awesome. He keeps you informed, he will text or call you back, and he goes above what he is asked to do and I can reassure you"HE WILL FIGHT FOR YOU OR YOUR FAMILY MEMBER". I will continue retaining him for other things my wife is battling. High five and a great big hug to Mr. Cannon. Thank you!!!"
"I had a great experience with John. He is very personable and helped me a lot. I’m really grateful I found him. He made me feel confident that he was the right lawyer for my case and that he wasn’t trying to sell me but genuinely just wanted to help me. I would highly recommend John to anyone!"
"Working with Mr. Cannon has been a real life-saving experience for me and my family. He provides the knowledge of the possibilities as soon as he can get them, then works tirelessly to ensure that any concerns or questions are addressed immediately. He has been a great asset to us not only in the face of legal troubles, but in providing a sense of security that is truly reassuring in the face of the uncertain.Mr. Cannon has been a great resource and has been very patient with me. From the start he provided a list of things to do that would help me help him with my case and since the beginning has continued to give advice or suggestions on any matter that has bothered me with my situation, large or small. He is gentle, yet realistic, and this combination really does become a rock in tumultuous times such as these.I would highly recommend Mr. Cannon to anyone who needs a vigilant and committed attorney, especially one that stands by your side until your issue is resolved. He goes above and beyond not only to work, but to care for his clients!"
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