When you are arrested for a federal crime, in the Western District of Texas you are immediately entitled to a detention hearing and a preliminary hearing. This is why it is important to hire a lawyer as soon as possible when you realize you are under investigation. A lawyer can negotiate with the San Antonio United States Attorney’s Office regarding your immediate release. If you no agreement is reached the United States Attorney’s Office will likely move for a three day continuance prior to having your detention/preliminary hearing.
These are important rights that you should hire a lawyer so you can take advantage of them. If you’re under investigation, it’s really important that you hire a lawyer. Your lawyer will contact the US attorney’s office and figure out how to get you turned in. Once you have been arrested in Texas in the federal system, you are entitled to two preliminary hearings. One is a preliminary hearing to determine whether or not there is a sufficient amount of evidence to move forward on the case. The other preliminary hearing is a detention hearing to determine whether or not there are reasons to give a bond. It’s important to hire an attorney before these hearings because they set the tone for the rest of the case.
Court-appointed lawyers will waive these hearings because they will assume that the federal government will have enough evidence. They will say, “Well, obviously we’re not going to be able to give this person a bond.” If you’re an American citizen or have reason to be here, you need to hire a lawyer so you can determine whether or not there’s enough evidence. Doing so will actually give you access to additional information and a deeper understanding of why you are being investigated.
The detention hearing is also important. There are several factors that are considered in the determination of whether or not someone qualifies for bond, include citizenship, ties to the community, the seriousness of the offense, and the reasons for the person to respond to the charges. A good lawyer often calls witnesses to determine whether or not their client qualifies for a bond.
For some cases in federal court, there is a presumption of danger. If you’re looking at a certain amount of time in prison, then there may be a presumption that you are a danger to the community. However, this presumption can be rebutted. It needs to be rebutted by determining whether or not you have ties to the community, by calling your family members or showing that you have children, and by showing that you have reasons to come back and respond to the charges. Obtaining cosigners for the bond is also important, because it allows us to show that you have family members who are willing to keep you out of prison.
The government has a certain number of days to complete a preliminary hearing. Oftentimes, you’re in custody during that process. The defense attorney has the ability to call witnesses and to do everything he can to argue that you should be let go and that there is not probable cause to believe that you committed the offenses that are being alleged. Our firm has been very successful in getting bonds for clients who’ve been accused of child pornography, alien smuggling and distributing large quantities of drugs. It’s something that we take very seriously and have been very successful in getting done.
Should Someone Try To Work With Federal Authorities To Obtain A Better Outcome In Their Case?
No one should work with federal authorities without the help of a lawyer. An attorney can speak to the United States attorney and work out a deal so that what you’re saying won’t be used against you and so that you are credited for whatever information you give. If you are going to work with federal authorities, you need to have the help of a lawyer. If you are working with a detective instead of a lawyer, the detective can ask you to work for them. If you agree, then they can use what you’ve done against you. It happens all the time.
It is very important for you to work with a lawyer before you work with a detective because what the detective says will not bind the United States government. The only person who can bind the United States government is the United States attorney’s office. If you want to be cooperative, you should wait to make that decision until you have discussed it with your lawyer. That way, your lawyer can communicate with the United States attorney’s office and determine the parameters by which you are going to cooperate and what you will get in return for that cooperation.
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