Criminal Defense of Immigrants

(A)  Bail Reform Act.  Under the Bail Reform Act, a defendant must be released under “the least restrictive condition, or combination of conditions,” unless the court determines that such release “will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community.”[15]  The court must consider what release conditions will rea­sonably ensure the defendant appears in court as required and what conditions will protect public safety, as delineated in that statute, by examining: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the person; (3) the history and characteristics of the person, including family ties, ties to the community, length of residence in the community, and past conduct; and (4) the nature and seriousness of the danger to public safety if the person charged is released.[16]  Federal law does not require that lack of U.S. citizenship must be considered a risk factor in deciding to release a defendant.

[15] Id. at § § 3142(c) and (e).

[16] 18 U.S.C. § 3142(g).