Here is some of the relevant Federal Law on Detention Hearings in Federal Court:
Under the Federal Bail Reform Act, 18 U.S.C. § 3142(f)(1), the magistrate must hold a detention hearing on the motion of the prosecutor if the defendant is charged with:
· a crime of violence.
· any offense for which the maximum sentence is life imprisonment or death.
· a drug offense for which the maximum term of imprisonment is ten years or more.
· any other felony committed by a person previously convicted of two or more of the above offenses.
A hearing is also required on a motion of the prosecutor or on the judge's own motion in cases that involve an allegation of:
· a serious risk of flight.
· obstruction of justice.
· intimidation of a prospective witness or juror.
Determination of Release or Detention
 Relevant Factors
In order to determine whether any condition(s) will reasonably ensure the appearance of the defendant and the safety of others, the magistrate must consider:
· the nature of the offense charged.
· the weight of the evidence against the defendant.
· the defendant's physical and mental condition.
· the defendant's ties to family and the community.
· whether, at the time of the current arrest, the defendant was already on probation or parole or on pretrial release from another offense.
Many Thanks to Attorney Fritz Scheller in Orlando for the following information about Middle District of Florida Detention Hearings which showed some excellent lawyering skills:
|Rembrandt, Paul in Prison, 1627|
At the hearing, the Federal Magistrate agreed, concluding that since the case did not meet the criteria under § 3142(f)(1), the government had to offer evidence that the case qualified for a detention under § 3142(f)(2). That is, the government had to offer evidence that the defendant either posed a serious risk of flight or a serious risk of danger. Serious risk of danger under that section essentially requires a showing that the defendant poses a risk of obstruction or threat to witnesses. Despite this statutory requirement, the government only offered evidence of the nature of the defendant's crimes and weight of the evidence against her.