Tag Archives: Federal Bail and Detention Handbook 2016

6 Temporary Detention Tips for Defense Attorneys

John L. Weinberg’s Federal Bail and Detention Handbook 2016 offers insightful advice on temporary detention. Below, find Judge Weinberg’s six temporary detention tips for Defense Attorneys:

  1. Prior to the initial appearance, gather as much information as possible as to whether the case is appropriate for entry of an order of temporary detention. Be prepared to argue these issues at the initial appearance. Determine also, if possible, whether the other court or INS intends to place a detainer or has already done so.
  2. If the U.S. Attorney moves for temporary detention at the initial appearance, be prepared to present any available challenge to its eligibility, under either half of Sec. 3142(d).
  3. Be prepared to propose and defend a specific duration of temporary detention. Whatever duration is set, ask the court to schedule a further hearing on release or detention for the day the temporary detention order expires.
  4. Decide whether you will move for pretrial detention, which extends beyond any period of temporary detention. If so, make this motion as well at the initial appearance. The court should set the hearing for the last day of the period of temporary detention.
  5. If at the initial appearance the court has ordered temporary detention, contact the other court or agency promptly thereafter. Attempt to persuade the other authority to decline to seek custody of defendant.
  6. If a detainer is lodged or if the other authority declines to proceed before the order of temporary detention expires, contact the court and attempt to reschedule the bail status hearing for an earlier date.



Federal Bail and Detention Handbook 2016 John L. Weinberg (U.S. Magistrate Judge for the Western District of Washington at Seattle)

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Federal Bail and Detention Handbook 2016 Now Available

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The 2016 Federal Bail and Detention Handbook, written by the Honorable John L. Weinberg, provides judges and lawyers alike with quick, on-point answers to all aspects of federal bail and detention law. The Handbook provides legal professionals with a comprehensive guide to the Bail Reform Act of 1984, including relevant statutory language, legislative history and appellate case law. It analyzes each step of the process, including:

The Handbook’s Table of Cases lists every federal appellate decision of significant precedential value that interprets or applies the Act.

Designed as a practical tool to be used both in court and the office, 2016 Federal Bail and Detention Handbook includes “Practice Pointers,” designed by Judge Weinberg to provide defense counsel and Assistant U.S. Attorneys with strategic suggestions for dealing with the Act. In addition to the sample orders and motions included in the Handbook, the 2016 edition includes, in Appendix III, a comprehensive collection of the official, nationally recommended forms relating to release and detention.

The Treatise is available for purchase here and is also accessible online on our digital research platform, PLI Discover PLUS.

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