What Issues Determine The Outcome Of A Detention Hearing? Part 2 of 2
By Dan Noll on December 3rd, 2014 in
There’s a presumption that a person will get bond unless it’s a crime of violence they’re charged with or a drug offense. Their background, and their history, or the factors the judge looks to, it ultimately, any magistrate judge will use their own common sense. Is this person going to be a problem? Is this person going to appear?
If the judge gets that sense that it is a risk, they’re going to detain the individual. No bond, no money, period. You’re in till the case is decided, but if you do get bond, quite often, they’ll make it $10,000 OR, meaning only Own Recognizance. A person, the individual doesn’t even have to post a penny.
They sign off. They are then subject to reporting to a probation officer, who will supervise and monitor them while they are on bond to make sure that they’re not violating any state laws, and that they’re staying within the Central District of Illinois, which is one of the restrictions. That they may give them a urine test from time to time to see if the person’s abusing drugs, things of that nature. It’s a pretty tight program.
Even a person on bond is subject to supervision while on bond. We’ve seen people who have violated their bond restrictions, and they, the US Attorney’s Office comes back in, pulls the individual back into court, has them arrested, brought before the magistrate, and has their bond revoked.
If that happens, it does not make for a happy judge, and it doesn’t help the case out a whole lot. We’re very cognizant of having, once we get somebody on bond, we’ve been pretty successful, be pretty straight. Once again, we will oftentimes, ask for delay in the detention hearing process, so that we can get family and friends to testify.
That’s what sways a judge. They want to know that this individual is a decent person and that the bond should be given, so that they are free to continue with their family obligations and meet with their attorney. Those are the issues you have with what is known as a detention hearing. Not better than state court, it’s just a lot different.