Order of Detention Pending Trial

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Multi-State
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US-CRIM-AO-472
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Order of Detention Pending Trial

An Order of Detention Pending Trial is a court order issued by a judge that requires an individual accused of a crime to be detained in jail or other secure facility while awaiting trial. This type of order is typically issued when the judge believes that the accused poses a risk to public safety or is likely to flee before the trial is held. There are two types of Order of Detention Pending Trial: a Preventive Detention Order and a Bail Pending Trial Order. A Preventive Detention Order is issued when the judge believes that the accused is a flight risk or a threat to public safety, while a Bail Pending Trial Order is issued when the accused is not considered a flight risk or a threat to public safety but still needs to be held in a secure facility while awaiting trial.

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FAQ

A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.

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.

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 U.S. Supreme Court has held that pretrial detention can violate the Fourth Amendment even if a judge has found probable cause for the detention. Defend your rights. We've helped 95 clients find attorneys today.

More info

The defendant is remanded to the custody of the Attorney General or to the Attorney General's designated representative for confinement in a corrections facility separate, to the extent practicable, from persons awaiting or serving sentences or being held in custody pending appeal. Order of Detention Pending Trial.Download Form (pdf, 1. For those defendants not released pretrial who were later sentenced to jail, their sentences were 2. Most individuals who are arrested are eligible to be released before trial, with 41 state constitutions containing a right to bail. Take in order to safeguard the rights of the persons arrested or detained. Questions l On what basis can persons be detained on remand in your country, and what. Most serious offense. Bail. Behind bars awaiting trial, accounting for 30 per cent of the total prison population worldwide. Pre-trial detention refers to the holding of an accused person before the trial has taken place.

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Order of Detention Pending Trial