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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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AuthorSteven Brody is an experienced Los Angeles Federal Defense Attorney . Please send your question to [email protected]. Archives
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