Last Updated on: 28th July 2023, 07:22 pm

What’s the Verdict? Will You Be Held Post a Guilty Plea in Federal Court?

If you’re staring down the barrel of a guilty plea in federal court, naturally, you’d want to know what’s in store for you next. Are you going to be detained or will you pretty much walk free? It’s a pretty tangled web to unweave, but it becomes a tad less intricate when we draw insight from the Federal Bail Act. Your odds of becoming a guest of the state mainly depend on this Act!

The A to Z of Release Or Detention Pending Sentence

The “Who gets to stay or leave?” bit after sentencing rests upon the shoulders of the legislative enactment that is 18 U.S.C. Section 3143. In most situations, the norm is to detain the person awaiting sentencing. But like most rules, exceptions exist here too.

Walking to Detention Post a Guilty Plea: The Hypothesis

Falling back on 18 U.S.C. Section 3143, the usual expectation after someone enters a guilty plea or is found guilty at trial is detention. This holds unless there’s an escape clause. Two key exceptions could keep you out of the cooler:

– The U.S. sentencing guidelines let you off with a non-incarceratory sentence; OR
– The judge is convinced beyond doubt that you (1) won’t pull a Houdini and (2) aren’t a menace to the safety of any other person or society at large.

Exceptions to Post-Conviction Detention in Federal Court Matters

Federal court has unique rules for detention if your hands are dirty with certain offenses. You’re straightaway confined pending sentencing if your guilty plea involves violent crimes, child sex trafficking by force, acts of terrorism on international scales or controlled substance offenses where the maximum jail term is a decade or more. However, there’s a small window of hope if:

– The judge believes a new trial could be on the cards (which doesn’t apply when you’ve plead guilty);
– The prosecution suggests no term of imprisonment;
– Exceptional reasons exist for your release pending sentencing, AND;
– The judge is overwhelmingly sure you’re not a threat or flight risk.

What Constitutes an Exceptional Reason?

“Exceptional reasons” signify circumstances so unique and out of the ordinary, they may as well have a league of their own. The district judge calls it case-by-case, guided by the language of the statute: ‘exceptional reasons.’

Got Legal Questions? Todd Spodek Has the Answers!

If you’re in a tight spot with a guilty plea in federal court and have queries regarding detention or release, don’t sweat it. The reputed Spodek Law Group is here to help with attorney Todd Spodek at the helm. Having explained probable outcomes to a myriad of clients facing federal court guilty pleas, our understanding of this complex issue is thorough.

Please note: Learn more about 18 U.S. Code § 3143 and how it governs the Release or Detention of a Defendant Pending Sentence or Appeal.

Remember, when federal court is concerned, half the battle is understanding the legal playing field, and with your liberty on the line, there’s no scope for amateur hour. Trust Spodek Law Group’s seasoned legal veterans to defend your rights and your freedom!