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Bail Reform Act of 1984 - 2nd Edition 1993

Bail Reform Act of 1984 - 2nd Edition 1993

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Published by Susan Rastella
Legislation about the Bail Bond Industry to regulate bail bond companies and bail agents.
Legislation about the Bail Bond Industry to regulate bail bond companies and bail agents.

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Published by: Susan Rastella on Sep 25, 2011
Copyright:Attribution Non-commercial

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10/31/2013

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The Bail Reform Act of 

Second Edition
Federal Judicial Center

This publication was produced in furtherance of the Center’s statutorymission to develop and conduct programs of continuing education andtraining for personnel of the federal judicial system. On matters of policy,the Center speaks only through its Board.
 
This page left blank intentionally for proper pagination when printing two-sided
 
iii
Contents
Preface vI.Pretrial Release
A.Release on Personal Recognizance
B.Conditional Release
C.Written Findings
D.Advising Defendant of Penalty
E.Revocation and Modification of Release
.Revocation for Violation of Release Conditions
.Modification or Revocation Where DefendantHas Not Violated Release Conditions
II.Pretrial Detention
A.Statutory Grounds
B.Constitutionality
C.Factors To Be Considered
D.Standard of Proof 

E.Definition of Dangerousness
F.Detention Hearing
.
Statutory Requirements
.
Timing of Detention Motion and Hearing

a.Statutory requirement; remedy for a violation
 

b.Continuances

c.Waiver by defendant
G.Rebuttable Presumptions
.
The Two Presumptions
.
Application of “Drug-and-Firearm-OffenderPresumption”

a.Ten-year maximum charge required

b.Probable cause and grand jury indictments
c.Formal charge required
d.Effect of presumption
e.Constitutionality

H.Temporary Detention


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