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:
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
TO LEARN MORE ABOUT TEMPORARY DETENTION TIPS, INCLUDING ADVICE FOR U.S. ATTORNEYS, READ:
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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