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Do you not have the right to bond in federal court on drug conspiracy case if so how do you appeal

Pulaski, TN |

he has only been to court once and that was bond hearing and first appear court the day after they arrest him. they denied bail . he is not dangerous and no pass port so can we appeal

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Attorney answers 1


Title 18 USC 3142(e) provides that there is a presumption that no condition of release will reasonably assure the appearance of the defendant or assure the safety of the community if there is probable cause that the defendant committed an offense punishable by a maximum term of ten years or more in prison.

In other words, in a federal drug conspiracy case, there is a presumption in favor of detention. This is rebuttable by the defendant, but it is fairly rare for a defendant of a drug conspiracy case to be released pending trial.

Stephen F Wallace

Stephen F Wallace


A rebuttable presumption that you may pose a danger to the community or a flight risk may be mandatory but this only means that the focus is back on you for evidence. It is not a shift of the burden of proof, just presentation of your evidence. If you present evidence such as the pretrial services report, self surrender etc., you have made the production and shifted the burden of proof BACK to the prosecutor. The Judge then can weigh all of the other evidence such as the (g) factors. The rebuttable presumption is only a gatekeeper, not a jailer.

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