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Can I post bail in federal court?

On Behalf of | Apr 30, 2021 | Federal Crimes |

If you are facing charges in the criminal system at any level, state or federal, it is highly likely that you wish to stay out of jail as you are doing so. The traditional way to stay out of jail while you are waiting for trial in state court is to “post bail.”

However, things operate differently in the federal courts. In the federal court system, there is no system of bail bonds.

How does bail normally work?

Typically, if the police arrest you for a state offense, a judge will decide whether or not you can post bail. If the judge allows you to post bail, he or she will then set an amount for you to pay. At this point, you can either hire a bondsman or post bail on your own merit and you are free to stay out of jail as you go through the process as long as you do not violate the terms of your release.

The federal system is different. It is still possible for the federal government to release you from custody prior to the trial, but the rules and procedures are very different.

How can I obtain release from jail in a federal case?

This is up to the discretion of the federal judge overseeing your case. Generally speaking, if the federal government alleges that you have committed a crime for which the punishment may be 10 years in prison or more, the judge will not grant you release. Additionally, if the charges involve acts of terrorism, human trafficking or if the crime in question involved a minor, the judge will not grant you release.