July 8, 2011

When dealing with a bail in a federal case, it is important to note that you cannot be bailed out until you come to court. Once in court, the bail amount will be determined by the United States Magistrate usually on the day of the arrest if not within a few days after the arrest. After you are arrested, a Pretrial Service Officer will make a recommendation for your bail amount to the Magistrate. This recommendation will be based upon your background and the nature of the criminal offense and your local contacts to the community in which you live. You will be Federal Crimes vs. State Crimes - California Federal Attorneyinterviewed by the pretrial services officer. However, you will not be asked questions about the specific facts of your case.

If you are considered either a flight risk (i.e., likely to run away) or a danger to the community, then you can be detained without bail. If you are detained in this fashion then you have an opportunity to appeal to a federal judge at a later date to ask that a reasonable bail amount be set..

A signature bond may be sufficient in federal court. A signature bond is simply a promise to return without a need to put forward any collateral. The court will set bail amount and the defendant may be allowed to sign a document promising to pay that bail amount to the federal government if he fails to appear at all court hearings. In some cases, the court will permit a family member to sign a signature bond. If this happens then there will be no need to pay a bail bondsman any “fees” for “bailing” your loved one out of custody.

However, in the federal court system, unlike the state court system, the court can impose various “pretrial” conditions upon an accused. Depending upon the nature of the charges you are facing in federal court you may be required to do any or all of the following as a condition of your release from custody:

  • surrender all passports,
  • limit your ability to travel outside the jurisdiction of the federal court,
  • surrender any firearms you may have in your home,
  • abstain from drug/alcohol use,
  • be confined to a set curfew,
  • not associate with particular individuals,
  • not loiter in certain areas and institutions,
  • not be employed in set fields and industries,
  • take part in a court ordered mental health evaluation,
  • be monitored by a GPS tracking device, and
  • other specific restrictions applicable to your case.

Call Wallin & Klarich Today

It is critical that you retain a federal criminal defense law firm as soon as you realize you are being investigated for a federal criminal offense. As you can see, in federal court, if you are merely arrested, you stand to lose a tremendous amount of your freedoms. It is often the case that federal criminal cases can go on for from one to three years. You will be forced to live under any or all of the restrictions above during this entire time. There will be a pretrial services officer monitoring you to make certain you comply with these restrictions. If you violate even one of them you can be returned to federal custody without the right to post any bail.

Having the federal criminal defense law firm of Wallin & Klarich retained to be at your side at the outset of your case can make the difference between you having or not having many of these restrictions placed upon you while your case is litigated in the courts. Wallin & Klarich has been defending persons facing federal criminal charges for over thirty years. We will be fighting for you from day one. There is too much at stake when you are facing federal criminal charges to trust your defense to a law firm with minimal federal criminal defense experience. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.


Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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