Prior to your first hearing, a member of the court's Pretrial Services Office will speak to you and as many of your family members as possible.  The officer will file a report with the judge, prosecutor, and defense counsel with recommendations of whether the judge should release you and under what conditions. However, this officer’s recommendation is not binding on the judge.

The law presumes that you should not be held in prison while awaiting your trial.   Unless the judge determines that you might endanger the safety of another person in the community or that you might not appear for trial if you are released on bond, you will be released on your own personal recognizance or with an unsecured personal bond.  An unsecured personal bond does not require money or assets as security.

There are exceptions to the presumption that a defendant should be released while awaiting trial.  For example, usually the judge will not release you if there is probable cause that you used a firearm to commit a felony or that you committed a federal drug offense carrying a penalty of 10 or more years.  The law specifies certain other crimes which are exceptions to the presumption to release you .  If you were convicted of or you are presently accused of those crimes, the judge must find that some condition or combination of conditions of release will ensure your appearance at trial and safeguard the community.  Examples of these conditions are requiring a secured bond, restricting your travel, and monitoring you electronically.  The judge must choose the least restrictive conditions for what is reasonable in your case to protect the safety of the community and ensure that you will appear in court.

The magistrate judge’s decision to release or detain you in prison while you await trial can be reviewed by a federal district court judge on the motion of either party.  This is a like an appeal though it is not called an "appeal."  The detention orders of a district judge may be appealed to a federal court of appeals.

A judge releasing you on bond might put certain restrictions on your release.  You may be required to secure your bond with money or an asset.  You may have to forfeit your passport.  Some judges restrict your location with electronic monitoring or require you to remain in your home.  A judge must choose the least restrictive conditions limited by what is reasonable in your case to protect the safety of the community and ensure that you will appear in court.

The magistrate judge’s decision to release or detain you in prison while you await trial can be reviewed by a federal district court judge on the motion of either party.  This is a like an appeal though it is not called an "appeal."  The detention orders of a district judge may be appealed to a federal court of appeals.

There are two definitions of “bail or bond.”  If you are released prior to your trial under specified conditions designed to ensure your appearance in court, you are out on “bail or bond.”  But assets or money you post are also considered your “bail or bond,” a promise that you will release the asset if you fail to appear in court.

There is no fixed bail schedule in federal court.  A magistrate judge releases you on conditions sufficient to ensure your continued appearance in court.  Conditions and the amount of bail can vary dramatically depending on the seriousness of the charges against you, your criminal history, and your financial circumstances.

Bail bondsmen are rarely used in federal court.  Your defense attorney can give you and your family a better feel for the conditions of release that might be required in your case. The more you can show you have family and community support, the more likely your release will be granted in your case.

In most cases, federal pretrial release can be satisfied with a mixture of assets, principally cash or equity in a home.  Your defense attorney will meet with your family and friends to discuss different options for meeting your bond amount.

Equity in the house, the amount the house is worth minus the amount that is owed on the mortgage or mortgages, must be sufficient to cover your bond amount.  Your defense attorney can assist with the paperwork to transfer a house for bail. At minimum, posting a house for bail usually requires a recent appraisal of the house, a copy of all title and mortgage documents, and a deed made out to the clerk of the district court.  Family and friends can help speed up the process by giving your attorney all documents relating to the home, including the most recent mortgage statement, a recent property appraisal or property tax bill, and the grant deed.

Click here for additional information on bond posting procedures.  

In most cases, federal pretrial release can be satisfied with a mixture of assets:  principally cash, homes, other real estate, and cars. The Deputy Federal Public Defender will be glad to meet with your family and friends to discuss different options for meeting the bond amount set in your case.

The Deputy Federal Public Defender or appointed panel attorney can help your family member or friend prepare the paperwork necessary to transfer a house to secure a bond.  There are several documents required to post a house, including a recent appraisal (to establish market value of the property), a copy of the grant deed (to establish title holder); the latest mortgage statement (to establish the equity in the home), and a recorded short form deed of trust, which will be recorded in the county where the property is located.  Additional documentation, may be required to complete posting of the property, including signing the appropriate affidavit of surety form.  Typically, the process to transfer the house takes two or three days to two weeks to complete.

If you are released on bond from Roybal Court, you will leave custody from the Metropolitan Detention Center (MDC) in Los Angeles.  There are no specific release times, but most occur between 5:00pm and 8:00pm.  The address of the MDC is 535 N. Alameda Street, Los Angeles, CA 90012, and the telephone number is (213) 485-0439.  The U.S. Marshal's Office is responsible for getting your release order from Roybal Court to MDC.

Any property you had at the time you were arrested will be returned to you when you are released from custody unless it is considered evidence.  If your personal property is considered evidence in the case against you, the United States Attorney will let you and your defense attorney know why the property is being kept and whether it will be returned.

You will need to arrange for your own transportation home.

You may be released to the custody of Pretrial Services.  Depending on the bond conditions ordered by the court, an officer of Pretrial Services will take you where you need to go. 

Pretrial Services will pick you up from prison and take you to your drug treatment program or halfway house as ordered by the judge.  The release to Pretrial Services might not happen the same day you are released.  You may have to wait for the availability of the Pretrial Services Officer or of bed space at the treatment program or halfway house.

The magistrate judge may impose conditions on you including electronic monitoring, travel restrictions, home detention, drug testing, etc.  When you are released on bond, you will most likely have to surrender your passport. You will also be required to periodically check in with your pretrial supervisor officer.