{
  "id": "R40222",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R40222",
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  "source": "EveryCRSReport.com",
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      "id": 574401,
      "date": "2017-07-31",
      "retrieved": "2018-05-10T12:53:00.160943",
      "title": "Bail: An Abridged Overview of Federal Criminal Law",
      "summary": "This is an overview of the federal law of bail. Bail is the release of an individual following his arrest upon his promise\u2014secured or unsecured; conditioned or unconditioned\u2014to appear at subsequent judicial criminal proceedings. An accused may be denied bail if he is unable to satisfy the conditions set for his release. He may also be denied bail if the committing judge or magistrate concludes that no amount of security or any set of conditions will suffice to ensure public safety or the individual\u2019s later appearance in court.  \nThe federal bail statute layers the committing judge\u2019s or magistrate\u2019s bail options after arrest and before trial. He may release the individual upon his promise to return\u2014that is, on personal recognizance or under an unsecured appearance bond. Alternatively, the judge or magistrate may condition the individual\u2019s release on the least restrictive possible combination of individual or statutory conditions. The statute, however, creates a presumption against release when the individual has been charged with a serious drug, firearms, or terrorist offense. In the case of these and other serious offenses, the judge or magistrate may deny release on bail if he decides, after a hearing, that no set of conditions will guarantee public safety or the individual\u2019s return to court. The judge or magistrate may also deny the individual bail in order to transfer him for bail, parole, or supervised release revocation proceedings. Bail is available to a more limited extent after the individual has been convicted and is awaiting a pending appeal.\nFederal law also authorizes the arrest, bail, or detention of individuals with evidence material to the prosecution of a federal offense. With limited variations, federal bail laws apply to arrested material witnesses.\nAlthough not specifically mentioned in the federal bail statute, bail is available in extradition cases under a long-standing Supreme Court precedent which holds that \u201cbail should not ordinarily be granted in cases of foreign extradition\u201d except under \u201cspecial circumstances.\u201d\nThis report is an abridged version of CRS Report R40221, Bail: An Overview of Federal Criminal Law, by Charles Doyle\u2014without footnotes, appendixes, most of the citations to authority, and some of the discussion found in the longer report.",
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    {
      "source": "EveryCRSReport.com",
      "id": 344209,
      "date": "2009-01-28",
      "retrieved": "2016-04-07T02:50:42.285937",
      "title": "Bail: An Abbreviated Overview of Federal Criminal Law",
      "summary": "In a criminal law context, bail is most often thought of as the posting of security to ensure the presence of an accused at subsequent judicial proceedings. The term itself is less frequently used now, however, due in part to the practice of release on personal recognizance, which is permitting an individual to pledge his word, rather than his property, for his future appearance. Moreover, today an individual\u2019s release pending subsequent criminal proceedings is often predicated on conditions other than, or in addition to, the posting of an appearance bond, secured or unsecured. As a consequence, rather than speaking of bail, existing federal law refers to release or detention pending trial, to release or detention pending sentencing or appeal, and to release or detention of a material witness. This is an abridged version of CRS Report R40221, Bail: An Overview of Federal Criminal Law, by Charles Doyle, without the citations to authority, footnotes, appendices, and some of the discussion found in the longer report.",
      "type": "CRS Report",
      "typeId": "REPORTS",
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  "topics": [
    "American Law"
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}