“It’s been a busy June with a new federal health care fraud case out of the Eastern District of New York and two new federal cases in the Middle District of Florida. In both Florida cases, the clients were arrested and the AUSA moved for detention, meaning my clients would remain in jail until trial. Within days, I won both detention hearings and got my clients released from jail. The first client served a lengthy federal sentence and tested positive on multiple occasions for methamphetamines. The prosecutor claimed that his drug use made him a danger to the community. I argued that the client had a good paying job, family support, and up until his daughter was diagnosed with a terminal condition, had never violated the terms of his probation. I had family present at the hearing and made arrangements for his employer to test him for drugs use every day.
The second client was charged with a serious drug offense so there was a statutory presumption that he was both a fight risk and a danger to the community. The second prosecutor claimed my client’s criminal record and the nature of his new drug charges justified him staying in jail. I had a number of family members testify at the hearing and swear they would act as his third-party custodian. I also got a letter from my client’s employer indicating his job was waiting for him and that he was an outstanding employee. The court questioned how dangerous my client could really be since the government allowed him to remain on the streets months after they supposedly obtained evidence that he was dealing drugs.
If you get arrested on federal charges, many times the government will seek to have you remain in jail until trial. You owe it to yourself to hire an attorney with experience handling federal detentions hearings. I’ve handled dozens of them both as a federal prosecutor and defense attorney.”