Transcript USING YOUR POWER IN PLEA NEGOTIATIONS

Callie Glanton Steele
Supervising Deputy Federal Public Defender
Central District of California
What are Two Main Goals of a
Detention Hearing
Release Client
Build Relationship with Client
How do we build a strong
relationship with our client?
Put yourself in your client’s
shoes
Get to know your client
Why is release important?
 Client can assist in investigation
 Client will realize that you care
 Improve attorney-client
relationship
Release on Bail
 How many of you routinely have
your clients released on bail?
 On which types of cases are you
obtaining bail?
Would you ask for bail in these
scenarios?
 Illegal Reentry Case?
 Possession of Child Pornography?
 Felon in Possession of a firearm?
Would you ask for bail in these
scenarios?
 Crack Case – Min 10 yrs, possible 851, prior
state drug case
 Supervised Release Violation – facing 16
mos, client’s mother is dying
 Client’s second Medicare fraud case,
received 37 month sentence resentencing after appeal, served 9 mos
Bail Reform Act
18 USC Section 3142
upon appearance – the judge shall issue
an order that the person be released on:
 1) personal recognizance or unsecured
appearance bond;
 2) released with conditions;
 3) temporarily detained; or
 4) detained
Starting Point of Act - Release
 Release (personal recognizance or
unsecured appearance bond) is the
starting point
 If - flight risk or a danger then
conditions of release may be set
Conditions
 no new crime, DNA sample and
 (B) subject to the least restrictive further
condition, or combination of conditions,
that such judicial officer determines will
reasonably assure the appearance of the
person as required and the safety of any
other person and the community, which may
include the condition that the person--
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(i) remain in the custody of a designated person;
(ii) seek or maintain employment
(iii) educational program;
(iv) abide by specified restrictions on personal
associations, place of abode, or travel;
(v) avoid contact with victim and witnesses;
(vi) report to law enforcement agency, pretrial services
agency, or other agency;
(vii) comply with a curfew;
(viii) refrain from possessing a firearm, destructive device,
or other dangerous weapon;
(ix) refrain from excessive use of alcohol, or drugs;
(x) undergo available medical, psychological, or psychiatric
treatment;
 (xi) execute a property bond, which can include
money, as is reasonably necessary to assure the
appearance of the person as required;
 (xii) execute a bail bond ;
 (xiii) return to custody for specified hours
following release for employment, schooling, or
other limited purposes; and
 (xiv) satisfy any other condition that is reasonably
necessary to assure the appearance of the person
as required and to assure the safety of any other
person and the community.
Important Provisions
 (2) The judicial officer may not impose a financial
condition that results in the pretrial detention of
the person.
 (3) The judicial officer may at any time amend the
order to impose additional or different conditions
of release.
Pretrial Detention Only If
 (e) Detention.--(1) If, after a detention hearing
 Finding that no condition or combination of
conditions will reasonably assure the appearance of
the person as required and the safety of any other
person and the community
Gov’t Can Move to Detain
 Crime of violence - an offense that has an element the use, attempted
use, or threatened use of physical force against the person or property of
another;
 an offense listed in §2332b(g)(5)(b) - terrorism offense (10 year max)
 Sexual Abuse felony or offense with max of life or death
 Drug offense – max 10 years or more
 Felony with minor victim or possession or use of a firearm, destructive
device or dangerous weapon, or failure to register as a sex offender
 Or serious risk of flight, witness tampering or obstruction of justice
 (Rebuttable presumption)
Court Can Sua Sponte Move for
Detention Hearing
 serious risk of flight, witness tampering
or obstruction of justice
Detention Hearing
 Determine if there is any condition
or combination of conditions that
will reasonably assure the
appearance
 safety of any other person and the
community.
FACTORS FOR COURT
 Nature and circumstances of the offense
 Weight of the evidence
 History and characteristics
 Physical and mental condition
 Family ties
Factors to Consider
 Employment
 Financial Resources
 Length of Residence in Community
 Community Ties
 Past Conduct
Factors to Consider
 History of Drug/Alcohol Abuse
 Criminal History
 Record of Appearances for Court
 Whether Client was on probation or parole
 Nature and seriousness of danger posed by
release
Presumption of Innocence
(j) Presumption of innocence.--
Nothing in this section shall be
construed as modifying or
limiting the presumption of
innocence.
Previous Examples
 Illegal Reentry Case?
 Possession of Child Pornography?
 Felon in Possession?
Previous Examples
 Crack Case – Mand Min 10 yrs, 851
possible, prior state drug case
 Supervised Release Violation – client’s
mother is dying
 Client’s second Medicare fraud case,
received 37 month sentence resentencing after appeal, served 9 mos
Is There A Case Where We Never
Ask for Bail?
Is There A Case Where We Never
Ask for Bail?
 Never say never
 Prior aggravated felony
 Pending State Case
Questions
Good Luck!!
[email protected]