What Happens In A Federal Criminal Detention Hearing?

New Jersey Criminal Lawyers Schwartz Posnock

When you are initially charged with a federal crime, you will be required to make an initial appearance in court before a federal magistrate judge. At the initial appearance, the terms and conditions of your release will be set by the court. Generally, the court may, on its own accord, move to have you detained temporarily, if the court determines that when the current offense was allegedly committed, you were (i) pending trial on another felony charge (ii) that you were pending sentencing on another charge, (iii) awaiting sentencing on another case, or (iv) subject to deportation. However, in some cases, the Government will move to have you detained in custody until the charges against you are resolved on the grounds that no condition or combination of conditions can reasonably assure your appearance in court, or that you present a danger to the community.

For more detailed information on the initial stages of federal criminal case processing, and what you can expect in a federal criminal detention hearing, click below to see our articles entitled:

A Primer on Pretrial Detention Hearings in Federal Criminal Charges

A Primer on Federal Criminal Case Processing

What Is the Role of the Pretrial Services Officer in the Federal Criminal Justice System?

The experienced criminal defense lawyers of Schwartz & Posnock appear in all Federal Courts of New Jersey, as well as the State and Municipal criminal courts in New Jersey, and have convenient locations in Monmouth County (Eatontown), Essex County (Livingston), Union County (Linden), and Middlesex County (East Brunswick). Call us at 732-544-1460 or email us at info@schwartzposnock.com to schedule an appointment. We look forward to obtaining a positive outcome of your case.

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David A. Schwartz is a lawyer with over 32 years of experience in defending criminal cases. He is licensed to practice law in New Jersey, New York, California, and Pennsylvania.

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