A Texas Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d) is an order issued by a court in the state of Texas that requires a defendant to be detained in custody pending trial. This order is issued when the court finds that there is a risk that the defendant will fail to appear for trial, will commit a crime, or pose a danger to the community. There are three types of Orders issued under 18 U.S.C. 3142(d): 1. A Pretrial Detention Order: This order requires the defendant to be detained in custody pending trial. It is issued when the court finds that the defendant is a flight risk or poses a danger to the community. 2. A Supervised Release Order: This order allows the defendant to be released with certain conditions, such as reporting to a supervising officer or refraining from certain activities. It is issued when the court finds that the defendant is unlikely to flee or pose a danger to the community. 3. A Bond Order: This order allows the defendant to be released on a bond. It is issued when the court finds that the defendant is unlikely to flee or pose a danger to the community, but there are still some concerns about the defendant's ability to adhere to the terms of the bond.
Texas Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d)
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FAQ
The Bail Reform Act of 1984 (18 U.S.C. §§ 3141?3150) authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal. The Bail Reform Act of 1984 has been amended several times.
Summary: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.
Release on Personal Recognizance/Unsecured Appearance Bond: Title 18, United States Code, Section 3142(b) requires a judicial officer to order the pretrial release of a defendant on "personal recognizance" or upon the defendant's execution of an "unsecured appearance bond" in an amount specified by the court.
The eighth amendment in the American Bill of Rights was adopted from the English Bill of Rights of 1689 and provides that excessive bail or fines shall not be imposed. Interpretations of the U.S. Constitution and State constitutions have consistently upheld the right to deny bail in capital cases.
The presumption for detention statute, which assumes that defendants charged with certain offenses should be detained, has been identified as one potential factor contributing to the rising detention rate.