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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

What are Conditions for Pre-Trial Release?

What are Conditions for Pre-Trial Release?
In the initial court appearance, a federal judge decides whether a person accused of a crime should be in custody or released on bond. If the federal judge orders detention at this initial stage, that implies you remain in custody for the remainder of the case duration and appear handcuffed for future court hearings. Hiring an experienced defense counsel from Spodek Law Group when you become aware of any federal criminal investigation is critical to your defense.

Appearance before a magistrate judge

At the initial court appearance, the US magistrate judge informs the accused persons about the charges’ scope and nature against them. Following 18 USC § 3142, the magistrate judge will review the case’s circumstances and look at the accused’s background. The judge will then decide whether the accused qualifies for release on conditions pending the hearing.

Who should appear at the hearing

There are several scenarios where you are required to appear before a federal judge.

Scenario one

In this scenario, you, as the accused, will learn about a pending investigation against you through the so-called target letter. The federal prosecutor informs you about an alleged federal crime and invites you to appear for testimonials before a grand jury. This scenario allows the defendant to consult with an attorney and almost always voluntarily appear accompanied by a lawyer.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Scenario two

In this scenario, the accused person gets arrested by federal law enforcement officers such as DEA agents, FBI agents, ICE agents, or agents from the Inspector General Office. In most cases, the arrest happens with the help of local police, and later the accused is arraigned before a federal judge.

Role of the lawyer

For the above scenario, an experienced criminal defense lawyer’s role is to convince the federal judge that the accused person presents no danger to the community and that he or she has no plans to flee the country or the residential district. The lawyer also has to convince the judge that the defendant will comply with all required registration and reporting requirements, and for that, the defendant deserves to remain free.

Factors that the court considers

The due process clause of the Fifth Amendment in the US Constitution, the Bail Reform Act of 1984, and the Excessive Bail Clause of the Eighth Amendment of the US constitution control the release or the detention of an accused person during trial.>
The judge considers several factors to determine the defendant’s pretrial custody status under 18 USC § 3141 and 18 USC § 3142.

These factors include:

  • Nature of the offense
  • Accused persons previous arrests and convictions
  • Accused persons probation or parole status
  • The potential danger to other people and the community at large
  • Accused person financial resources to flee
  • Defendants foreign ties
  • Defendants likelihood to hide or destroy evidence
  • Defendant citizenship
  • Defendants age
  • Defendants lawful or unlawful residence in the country
  • Defendant medical condition
  • Defendant likelihood of committing a future crime pending continuation of the case

Conditional releases bond

The judge grants conditional releases with several restrictions to the accused and scheduled monitoring by a US probation officer.
The conditional releases mean that you, as the defendant, you have to surrender your passport, domestic and foreign. You will also have to cooperate by regularly visiting a US probation officer assigned to your case.
Additionally, the defendant is expected not to communicate in any form with co-defendants and victims or known criminals. The defended must also pass a random alcohol and drug test and provide employment proof and documents related to mental and physical health.

Vacations of condition

If the defendant is on this condition, he/she is free to leave and remains a free citizen pending further orders. Violation of the situation, guilty pleading on re-arraignment, found guilty at trial, and incarceration judgment may alter a court release order.

Pretrial detention

Offenses that involve possession or misuse of firearms, crimes against children, violence, or dangerous weapons may attract pretrial detention. Also, crimes that attract a maximum term of imprisonment of ten and above years, offenses with a potential life or death sentence, and crimes involving the violation of the Controlled Substances Act are likely to result in pretrial detention.

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