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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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If someone gets a federal charge, can they get out on bond

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If someone gets a federal charge, can they get out on bond?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

Yes...they can..or, they MAY be able to. It is up to the judge...but if you look at Title 18 US Code § 3142 - Release or detention of a defendant pending trial you see it hold that a person can be released if they agree to


(xi) execute an agreement to forfeit upon failing to appear as required, property of a sufficient unencumbered value, including money, as is reasonably necessary to assure the appearance of the person as required, and shall provide the court with proof of ownership and the value of the property along with information regarding existing encumbrances as the judicial office may require;

(xii) execute a bail bond with solvent sureties; who will execute an agreement to forfeit in such amount as is reasonably necessary to assure appearance of the person as required and shall provide the court with information regarding the value of the assets and liabilities of the surety if other than an approved surety and the nature and extent of encumbrances against the surety’s property; such surety shall have a net worth which shall have sufficient unencumbered value to pay the amount of the bail bond;

SO bail is available in the federal system.

Customer: replied 4 years ago.

So they would take a property bond or cash bond?

That is the two ways to apply. If you have cash you can use that to secure release. Or you can apply for a bondsman to pledge the bond (and you pay the bondsman fees)

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