My fiancée was arrested for drug conspiracy, and is being held in a federal holding jail. His lawyer told him that since he was on parole when he was arrested, that it was pointless to attend the bail hearing and now is being told that he cannot be released by his lawyer. Two other men involved with the conspiracy were released and placed on house arrest. I'm unsure why they get to be released and he does not. Answer: It's common for a defendant on parole not to be released. It's called a 3142(d) hold. Under section 18 USC 3142(d): "If the judicial officer determines that— [the defendant is on] probation or parole for any offense under Federal, State, or local law . . . such judicial officer shall order the detention of such person, for a period of not more than ten days." This is to give the US attorney a chance to notify the state that the defendant has been picked up by the feds. It doesn't mean you can't come back later and ask for bail, so i's not necessarily permanent. You can address the issue of bail after the hold has been dealt with. Sounds like you lawyer knows this is probably what's up.
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I know it goes by pts. but my lawyer is telling me to get character letters together i quailfy for saftey valve, I will also take acceptance of responsability to help lower my points. I am also looking for a job, and taking counseling, I wanted to take a real estate class to get my license. Do you think that is a good idea? or should I just save that money? Is there anything you all can recommend in your personal experience that i can do while on pretrial to appear better or show I am sorry before the judge? That may help the judge to consider lowering my time. Answer: It's true that many judges like to read character letters and this is often a good thing to have attached to your sentencing memorandum or provided directly to the court. You're correct that the recommended sentence for your offense will be based on your criminal history score and your offense level, but those guidelines are just advisory and the judge usually has a lot of discretion if there is no minimum sentence. in my experience it never hurts to have been doing good productive things while you are on pretrial release. Many judges like to see that you're working, going to school, and otherwise bettering your life, and they may take that into consideration when sentencing you, if they believe you are committed to getting your life together and that you have a productive future.
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AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to [email protected]. Archives
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