In a federal case, the first major decision is whether the person charged goes home while the case is pending. Federal cases in Missouri often take one to two years, so the detention decision can mean the difference between preparing a defense from home and spending that time in custody.
The rules come from the Bail Reform Act, 18 U.S.C. § 3142, and they apply the same way in the Eastern and Western Districts of Missouri.
The hearing
When is a federal detention hearing held?
Usually at or shortly after the first appearance, when the government asks for detention.
When the government can ask
The government can seek detention in specific categories of cases, including serious drug offenses, crimes of violence, and any felony involving a firearm, as well as cases with a serious risk of flight. Drug conspiracy and gun possession cases routinely qualify.
Short continuances
The hearing can be continued briefly: up to five days at the defense’s request or three days at the government’s, not counting weekends and holidays, unless there is good cause. The person usually stays in custody until the hearing.
The presumption
What is a presumption of detention?
For some charges, the law starts from the assumption that no conditions can keep the community safe or ensure the person returns to court.
Under § 3142(e)(3), the presumption applies to drug offenses carrying a maximum of ten years or more, to using or carrying a firearm during a drug or violent crime under 18 U.S.C. § 924(c), and to several other categories, including many offenses involving minors. Most federal drug conspiracy cases fall within it.
The presumption can be rebutted, but it changes the starting point. In presumption cases, the government’s agreement to release on conditions is often the most important factor. That is one reason early contact with the prosecutor, before the hearing, can matter so much.
What works
What helps someone get released before a federal trial?
The court weighs the nature of the offense, the weight of the evidence, the person’s history and characteristics, and any danger to the community. What moves that decision is usually concrete.
- A steady home plan: a stable residence, ideally with a responsible person willing to serve as a third-party custodian.
- Employment: a job to return to, with an employer who can confirm it.
- Treatment: an available bed or program when substance use is part of the picture.
- Anything showing there will be no new criminal activity: distance from co-defendants, a record of complying with prior supervision, family responsibilities, and community ties.
These details need to be gathered and verified before the hearing. A plan that the court cannot confirm carries much less weight than one it can.
The interview
Should I talk to Pretrial Services?
Before the hearing, a Pretrial Services officer usually interviews the person charged and writes a report with a release recommendation.
What the interview is for
The officer asks about residence, family, employment, health, substance use, and prior record. Under 18 U.S.C. § 3153(c), information from Pretrial Services generally is not admissible on the question of guilt.
What not to do
Do not discuss the facts of the charge. Be truthful about everything else. A false or incomplete answer about history, drug use, or finances can damage credibility at the hearing and later at sentencing.
Before and after
Can detention be avoided before charges are filed, or changed later?
Before an indictment
When someone learns they are under investigation, a lawyer can act as the go-between with agents and the prosecutor and, in many cases, arrange a voluntary turn-in. Self-surrender instead of an arrest, with a release plan already in place, can make it easier to avoid detention.
After a detention order
If a magistrate judge orders detention, the defense can ask the district judge to revoke or amend the order. A hearing can also be reopened if new and material information comes to light, such as a newly available treatment bed or custodian.
Answers
Federal detention questions we hear
Is there bail in federal court?
Federal courts usually release people on conditions rather than cash bail. The question at the detention hearing is whether any combination of conditions can reasonably ensure the person’s appearance and the safety of the community.
What is a presumption of detention in a federal drug case?
For drug offenses carrying a maximum of ten years or more, and certain other charges, 18 U.S.C. § 3142(e)(3) creates a rebuttable presumption that no conditions will be enough. The defense can rebut it, and the government’s agreement to release often matters most.
How soon is the federal detention hearing?
Usually at the first appearance. It can be continued up to five days at the defense’s request or three days at the government’s, excluding weekends and holidays, unless there is good cause.
Can what I tell Pretrial Services be used against me?
Under 18 U.S.C. § 3153(c), Pretrial Services information generally is not admissible on the question of guilt, with narrow exceptions. Still, do not discuss the facts of the charge, and be truthful about everything else.
Can a federal detention order be changed?
Yes. A detention order from a magistrate judge can be reviewed by the district judge, and the hearing can be reopened if new, material information becomes available.
See our federal criminal defense page, or call 573-638-8529. For how federal drug sentences work, see federal drug conspiracy and mandatory minimums. Received a target letter or subpoena? See federal target letters and grand jury subpoenas.
Talk to us
The release plan has to exist before the hearing.
If someone has been arrested on federal charges, or expects to be, the time to build the plan is now.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about federal pretrial release, not legal advice, and it does not create an attorney-client relationship. Detention decisions depend on the facts of each case.
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