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You’re Free To Go: How to be Released from Detention Pending Sentencing

Did you know it’s possible to be released from detention while awaiting your sentence?

The courts may release a defendant from federal detention while they wait for their sentencing hearing if the Court finds the defendant is unlikely to flee and does not pose a danger to the safety of any other person or the community if released. You are entitled to a hearing on this issue, and your lawyer is permitted to advocate for your release.

It is up to the defendant to demonstrate that he or she is neither a flight risk nor a danger to anyone else or a threat to public safety if released. If the judge makes such a finding, the judge must order the release of the person with certain conditions attached. Those conditions usually state that the defendant may not commit a federal, state, or local crime during the period of their release; the defendant must appear before the court, as ordered; the defendant must report to his or her appointed United States Probation Officer; the defendant must remain within the United States; and the defendant must sign a bond for an amount determined by the judge. The judge may impose any other condition he or she feels necessary under the circumstances. Any defendant who fails to abide by these conditions can face revocation of his or her release, additional criminal charges, and fines.

If you or a loved one is facing federal charges, please contact our offices to set up an appointment for a confidential, free case review.

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