Legal Commentary

Late Night: I Shall Be Released

By Jeralyn

Context: After a big battle yesterday, I won a detention hearing in federal court getting bail for a very young client in a drug case. Like all such hearings, it was decided by a Magistrate Court Judge.

Even when the defendant wins, the Government can get a stay of the release order while it decides whether to appeal to the District Court Judge. So despite winning the bail issue, my client stays locked up.

At 4:55 pm today, the Government filed a motion with the District Court Judge to revoke the Magistrate Judge's order. I will now spend the weekend writing yet another brief in hope that on Tuesday, when the reconsideration motion is heard, my client -- finally -- will be released.

This is an open thread.

Added: A little more explanation for those who are interested: In federal court, when a defendant is charged with a drug felony carrying a possible penalty of ten years or more in prison, he is presumed to be both a flight risk and a danger to the community and at the Government's request, will be detained without bail pending trial, unless at the hearing the defendant produces evidence to overcome the presumption.

In cases like this one, with lots of defendants and dozens of wiretaps, it will take more than a year to get to trial. So bail is a very big deal.

Full post as published by TalkLeft on July 26, 2008 (boomark / email).