Bond & Pretrial Detention

If you are accused of violating your pretrial release conditions, you may be subject to arrest for the violation. The court will hold a hearing regarding the alleged violation and may either place you in custody, modify the conditions of your release, or take no action at all.

The judge must find probable cause that you committed a new crime or clear and convincing evidence that you violated a condition of your release before revoking bail.

You will need to arrange for your own transportation home. You may come to your federal defender's office to use the phone to call your family.

If you appear in court out of custody and are ordered released, you will still have to go through the "booking" process. This can be done immediately after the detention hearing and it typically takes 15 minutes. If appeared in court following an arrest, you may be released to the custody of Probation Department or the Marshal’s cellblock, both of which are located in the federal courthouse. However, if you were brought to court from the Federal Detention Center in Seatac, you may be brought back to the Federal Detention Center and released from there.

Sometimes, the magistrate judge will want the assistance of a third-party custodian as a condition of release. A third-party custodian is typically a family member or close friend who appears in court and promises to cooperate with the Probation Department and report any violations. If a third-party custodian is offered, it is best for that person to appear in person at the detention hearing. The third-party custodian may be asked to sign a document promising to report violations and assist you in complying with the conditions of release.

Each case differs, but here is a list of conditions that the Judge may impose for your bond:

Pretrial supervision, drug testing, mental health treatment, travel restrictions, the surrender of all travel documents (i.e. passport), electronic monitoring, curfew, etc. These conditions are enforced to ensure your appearance in court.

Prior to your detention hearing, the Pretrial Services Office do a brief investigation which typically includes an interview of you. Remember that the Pretrial Services Officer works for the court, not for your lawyer. It is your choice whether to be interviewed, but you should discuss this decision with your lawyer first. Also, you should always ask that your lawyer be present for the interview. The Pretrial Services officer will also speak a family member, employer, and/or a close friend to corroborate information provided in the interview.

Upon your first appearance in court, a federal magistrate judge will decide if you should be released with or without supervision, or held in jail. Bonds in federal court are different than the Washington Superior Court and most other state courts. If a person is released with an appearance bond, it typically does not include posting cash or property. If released, the vast majority of defendants are not required to put up money or property. Instead, the magistrate judge will typically order supervision conditions for those released on an appearance bond.