How does bail or pre-trial release work in federal court?
Pre-trial release in federal court is not always certain. This is in stark contrast to typical state court proceedings where some bail amount is almost guaranteed. Bail or pre-trial release in federal court is controlled by the Bail Reform Act, 18 U.S.C. Section 3141. In federal court if the government wants the defendant detained; the prosecutor will file a written motion for detention at the initial appearance. There are some cases where the government gets an automatic three (court) days to prepare for the detention hearing. These are called “presumption” cases, for offenses such as drug dealing, child sex offenses including child porn, and bank robbery. The government may also try to prove that the defendant is a flight risk, or a danger to the community – in those cases, the government also gets three days to prepare for the detention hearing. In all cases where the prosecution is seeking detention the defense can request up to five days to prepare for the detention hearing. Prope
