Detention Hearings in Federal Criminal Cases: What You Need to Know

If you or a loved one has been arrested on federal charges, one of the first — and most critical — court appearances is the detention hearing. In many cases, this hearing determines whether you’ll be released before trial or remain behind bars for weeks, months, or even longer.

At The Bonderud Law Firm, we represent clients in high-stakes federal criminal cases throughout the Southern, Middle, and Northern Districts of Florida. Our team includes former prosecutors and military officers with decades of courtroom experience — and we understand what it takes to win a detention hearing.

Here’s what you need to know about pretrial detention in federal court, and why it’s essential to act fast and hire the right attorney.

What Is a Detention Hearing?

A detention hearing is a court proceeding where a federal magistrate judge decides whether a defendant should:

✅ Be released pending trial
❌ Be held in custody because they are a flight risk or a danger to the community

Unlike in state court, pretrial release in federal court is not automatic. In fact, detention is common in many types of cases — particularly drug, firearms, fraud, and immigration offenses.

When Does the Detention Hearing Happen?

Under Rule 5.1 of the Federal Rules of Criminal Procedure:

• A detention hearing is usually held within 3 to 5 days of the initial appearance, unless the defense requests more time to prepare.
• The defendant remains in custody until the hearing unless the judge orders release.

This early window is crucial — and the defense must act quickly to build a strong case for release.

What Does the Judge Consider?

Federal judges weigh two main factors:

1. Risk of flight
   • Will the defendant appear for future court dates?
   • Does the person have strong community ties, a stable job, or family nearby?
2. Danger to the community
   • Is the defendant accused of a violent or serious crime?
   • Do they have a history of threats, weapons offenses, or drug trafficking?

Judges may also consider:

• Prior criminal history
• Substance abuse or mental health issues
• Immigration status
• Strength of the government’s case
• Availability of conditions that might reasonably assure safety and appearance

What Happens at the Hearing?

• The government may seek detention by filing a motion.
• The defense presents arguments and evidence in favor of release.
• There is no jury — the judge alone decides.
• Hearsay is allowed, and the burden is lower than at trial.

The judge can:

• Order release on personal recognizance
• Impose conditions (e.g., ankle monitor, third-party custodian, drug testing)
• Deny bond and order the defendant held until trial

Why Representation at the Detention Hearing Is So Critical

In federal court, winning release at the detention hearing may be your best shot at staying out of custody. Once detained, it can be difficult to get out — and it becomes harder to participate meaningfully in your defense.

At The Bonderud Law Firm, we:

• Prepare fast and thoroughly for detention hearings
• Present compelling arguments with supporting evidence
• Arrange for family, employers, or third-party custodians to testify
• Negotiate release conditions that satisfy the court
• File emergency bond motions in appropriate cases

We’ve successfully secured release for clients in major federal prosecutions — and we know what works in front of different judges and jurisdictions.

Detention Is Not Inevitable — Let Us Fight for Your Release

Federal prosecutors are trained to push for detention. But with the right defense strategy, you may not have to wait for trial from behind bars.

At The Bonderud Law Firm, we bring decades of combined experience, trial-tested strategy, and a relentless commitment to protecting your liberty.

If you or a loved one has been arrested in a federal case, contact us immediately. We’re ready to act.