What does the magistrate judge consider when determining whether to release a white collar offender on bond?
Federal magistrates consider (1) whether or not the defendant poses a risk of harm to the community, and (2) whether the defendant poses a risk of flight (i.e., is it likely that the defendant will flee to avoid prosecution). Many white-collar offenders have strong ties to their community. Many are homeowners with strong financial and family ties. Further, white-collar offenders tend to be nonviolent and the sentences they are facing tend to be lower than violent or drug offenses in federal court. Therefore, the typical white-collar defendant is a good candidate for bond. If you expect that you will be indicted in the near future, don’t simply assume that because you are a white-collar offender you will be granted bond. There are some white-collar offenders who have difficulties in the bond process. Defendants who have problems include those who have residences overseas, have limited ties to the United States, or routinely travel abroad. If you fit into one of these categories, it is i
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