What happens in a federal detention hearing?
Essentially, this is a bail hearing. If the US Attorney has moved for detention, then a hearing will be held before a Federal Magistrate to determine whether certain circumstances exist to detain the accused without bond. The Bail Reform Act of 1984 lists several factors that the magistrate must take into account in making that determination. Except in certain cases, the government has the burden of persuasion and must present evidence in a detention hearing. Usually, this is accomplished by presenting testimony from the FBI case agent or another law enforcement officer with knowledge of the facts of the case. The testimony may be based on hearsay. The attorney for the accused has the right to fully cross examine the government’s witness and may present his own witness to rebut the government’s claims. After the hearing, the Magistrate will decide to detain, temporarily detain, or release the accused with certain conditions.
