Most people don’t realize that even though an accused is presumed to be innocent, they can be held without bail in a serious federal case. In many drug cases including transporting quantities of methamphetamine, fentanyl cocaine or heroin across the international border, there is a presumption that an accused be detained without bail.
In these cases a detention hearing will be held. The government will try to establish that there are no reasonable conditions that will either keep the defendant from fleeing or that bail should not be granted because the defendant is dangerous.. he court will look at factors such as the prior criminal record of the defendant, his ties to the community, whether he has missed court in the past, and whether violence was used in the charged offense to decide if the accused has overcome the presumption of detention. Usually when bail is granted it is by a signature guarantee from a financially responsible third party, but this is a subject for a future blog..
When a person is arrested at the Mexicali-Calexico port of entry, the bail hearing will be held at the United States District Courthouse in El Centro. If the arrest takes place at the Tijuana, San Diego Port of Entry or the Otay Mesa San Diego border, the bail hearing will be held at the United States District Courthouse in downtown San Diego.
Hiring a qualified lawyer is the best step that can be taken to make it more probable that the person will be released on bail.
