Furman and Furman Attorneys LLP

Highly Specialized Criminal Defense, Fire Arms and Self Defense, Personal Injury and Adoption Law Firm
serving clients in Florida and Alabama

 

Right to Bail and Pre-trial Release Procedures:

The most critical difference between Federal and State Court when it comes to bond, is that the procedure is very different than that in State Court.  Many persons charged in Federal Court have been arrested before by State authorities.  In most states, including Alabama, there is a Constitutional right to reasonable bail, based upon the charge and other factors, except in Capital Cases.

The right to bail has been abolished in Federal Criminal Cases.  Defendants are either released, pending trial, or detained until the case is finished.  The Courts look at the nature of the charge, the Criminal Record of the accused, ties to the community, likelihood of flight and other factors, in making that judgement.  

Trial:

In State Court, most Defendant’s find that, because of the overcrowded Criminal Dockets, that their case may be set, and reset, a number of times, before they are required to go to trial or work out a Plea Bargain.  Being represented by an experienced, skilled Attorney generally guarantees that the case will be pending for a number of months, if not a year or more.  This gives the Criminal Defense Lawyer time to closely examine the State’s case, and witnesses, and gives the accused time to make the crucial decision as to whether to go to trial, or negotiate a Plea Agreement (Plea Bargain).  In Federal Criminal Cases, the Defendant is required to Plead Guilty or  Strike A Jury, within 60 days of being arrested.  All Federal Prosecutions are, by Federal Law, on a fast-track.  Federal Criminal Cases can be continued, or reset, only under certain special circumstances.  This has the result of giving the accused, and his Federal Criminal Attorney, much less time to make critical preparations for the Federal Criminal Trial, and/or Plea Agreement. 

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