Why Are People Charged With Federal Crimes Held in Jail Before Trial?

 Posted on November 05, 2024 in Criminal Defense

The legal system in the United States is supposed to provide a presumption of innocence for people who are charged with crimes. Courts should behave as if defendants are innocent until they are proven guilty beyond a reasonable doubt. Unfortunately, the opposite is true in many criminal cases, especially in cases that are handled in federal courts.

Even though the Supreme Court has ruled that people who are charged with federal crimes should only rarely be held in jail while awaiting trial, this ruling has not been strictly enforced. Currently, around 75 percent of people charged with federal crimes are forced to remain in jail until their trials. There are several reasons for this, and it is clear that the system needs to be reformed to help address the ongoing issue of mass incarceration in the United States.

Because of the serious concerns related to bail and pretrial release in federal cases, it is crucial for anyone facing these types of charges to secure legal representation. An attorney with experience in federal criminal defense can help protect the rights of defendants, make sure they are treated fairly, and work to defend against a conviction.

Report Demonstrates Problems With Pretrial Detention in Federal Courts

Under the Bail Reform Act of 1984, prosecutors have the burden of proving that anyone charged with federal crimes should be held in detention while awaiting trial rather than being released into the community. The law presumes that release is appropriate for most people who are arrested. However, a report that has been released by the Federal Criminal Justice Clinic at the University of Chicago Law School has found that this is generally not what happens. Rather than following the law, many federal judges presume that pre-trial detention is suitable.

The report was based on a two-year study in which hundreds of bail hearings were observed, as well as an analysis of data from federal courts in districts throughout the United States. It identified several reasons why so many people are forced to remain in prison while awaiting trial:

• The laws are not followed correctly during Initial Appearance hearings. The study found that in 81 percent of cases where prosecutors request detention, they do not have any legal basis for doing so. 99 percent of these cases result in detention, and 12 percent of these cases result in people being detained illegally. These issues affect racial minorities disproportionately, with Black and Latino arrestees twice as likely to be detained unlawfully as White arrestees.

• Poor people without legal representation are more likely to be detained. While around 90 percent of people charged with federal crimes cannot afford a lawyer, more than 25 percent of federal courts do not ensure that defendants have legal representation. Failure to provide people with access to legal counsel is illegal. The study found that 100 percent of people who did not have an attorney were detained before trial, and 92 percent of those arrestees were Black or Latino.

• Federal judges use the presumption of detention incorrectly. While there are some cases where the law presumes that people should be detained before trial, this does not mean that detention is required. The presumption of detention can be rebutted, and the standards for rebuttal are fairly easy to meet. However, detention was still ordered in 72 percent of the cases where there was a presumption of detention and 100 percent of the cases where the presumption was not rebutted. This indicates that judges are not enforcing the legal standards, and more people are being detained than necessary. 89 percent of cases where a presumption of detention applied involved arrestees who were minorities.

• Financial requirements result in poverty-based detention. In many cases, federal judges set bail that is too high for defendants to pay, forcing them to stay in jail. This is a violation of the law, which states that the financial conditions of release should not force defendants to remain in pre-trial detention. The study found that around 36 percent of people who were required to pay bail were unable to do so. This issue disproportionately affects minorities, with bail ordered in 95 percent of cases involving Black or Latino defendants.

Forcing people to remain in jail while awaiting trial can cause a great deal of harm to arrestees, their families, and their communities. Unfortunately, many people are detained unlawfully simply because that has become the standard practice in federal courts.

Contact Our Hartford, CT Federal Criminal Defense Attorney

For anyone who is facing federal charges, legal representation is crucial to ensure that their rights are protected. At Woolf Law Firm, LLC, our federal crimes defense lawyer can help prevent unnecessary pre-trial detention while also developing an effective defense strategy during a criminal case. Contact us today at 860-290-8690 to schedule a free consultation.