In drug cases there is a rebuttable presumption in favor of detention. He will have to show he is not a risk of flight or a danger to the community. That will be based on his prior record, family ties, employment history, roots to the community, and other factors.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
If the charges are punishable by 10 years or more of imprisonment, federal law presumes that there's no condition or combination of conditions of release that will assure his appearance in court or protect the community while he's on pretrial release. However, he can rebut that presumption by presenting any evidence to overcome it, and the burden then shifts to the Government to prove by a preponderance of the evidence that he's a risk of flight or by clear and convincing evidence that he's a threat to the community. Of course, the issues of whether he's able to rebut that presumption and whether the Government's able to prove that he should be detained if he rebuts the presumption depends on the specific facts of the case. – Joshua Sabert Lowther, Esq., Atlanta, GA.
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