FAQs - Pretrial

Pretrial

Q: What is the procedure for the drug testing program also known as Code-A-Phone Answering Service?

Answer

Code-A-Phone is a random urinalysis system that requires participants to call the service provider's drug testing phone line on a daily basis, listen for a designated number or color and report to the required location on the specified day and time period for submission. You are to remember your designated number or color to ensure you report on the proper day.

Participants can be required to report to the vendor for drug testing even on weekends and holidays so you should call the drug testing phone line every evening. It is recommended that you set an alarm (i.e. on your phone) to call the phone line after 7:00 p.m. A good habit might be to call the number after dinner each night or call prior to going to bed.

If you fail to call the number the night before to see if you are required to report for drug testing the next day, you are to contact your supervising officer immediately for further instructions. Failing to call and failing to report for a scheduled drug test can be considered violations of your release conditions.

Q: What are the standard conditions of pretrial release the court must impose?

Answer

Purusant to Title 18, United States Code, Section 3142, all defendants charged in federal court must abide by the following conditions:

appear for all court proceedings and surrender for any sentence imposed
not commit a Federal , State, or local crime during rthe period of release
be subject to the collection of a DNA sample if authorized by Section 3 of the DNA Analysis Backlong Elimination Act of 2000

If risks of nonappearance and/or danger are identified, the judicial officer may impose additional special conditions to reasonably mitigate the identified risks and assist with identified needs.

Q: Is being on pretrial supervision the same as being on probation of parole? If I have contact with a police officer and they ask me if I am on probation what do I say?

Answer

Although individuals placed into supervision by the federal Judges are required to comply with release conditions, they are not on "probation". Assisting and monitoring strategies used by pretrial officers, probation officers and parole agents are often similar if not identical throughout the criminal justice spectrum. However, individuals on pretrial supervision are presumed innocent and have not been convicted of the offense they have been charged with while on supervision. Whereas individuals on probation or parole have been convicted of an offense for which they are on supervision for.

Therefore, barring any other probation or parole obligations, if asked by a police officer if you are on probation, you can tell them you are not.

NOTE: If you are on probation or parole for another matter while on pretrial supervision, you should consult with your attorney regarding the best response to an inquiry from a police officer about your probation/parole status.

Q: I was just convicted/pled guilty to the charges against me. Since I have been convicted, do I continue to report to the U.S. Pretrial Services Agency?

Answer

If you are being supervised by a U.S. Pretrial Services Officer, you are to continue to report to that officer, even after you have been convicted by jury or pled guilty to the charges, until you are either sentenced to probation or self-surrender to the Bureau of Prisons (BOP). The U.S. Pretrial Services Agency will continue to assist and monitor your until your case is completely resolved (up to surrender to the BOP).

Note: You will meet with the U.S. Probation Office after your conviction by jury or plea as that office will conduct a pre-sentence investigation to assist the judicial officer with determining the most appropriate sentence in your specific case.

Q: I know what my friend/family member is charged with, but how can I find out what the bail amount is?

Answer

In the federal criminal justice system, bail is not set/determined by the charged offense. There is no "bail schedule". As written in Title 18, United States Code, Section 3142, there is an expectation that most federal criminal defendants will be relesed on an unsecured bond unless there are identified risk factors that indicate a defnedant might pose a risk of nonappearance and/or danger to the community. If risks are identified, the judicial officer can fashion conditions and bail to reasonably mitigate these risks specific to that individual. However, in some cases, the judicial officer may find that the identified risks are so high that there are no special conditions and/or bond amount that will reasonably mitiagate the risks. Then the defendant might be detained pending the resolution of their criminal case.

There is no "bail schedule" in the federal system because the Eighth Amendment reads, "Excessive bail shall not be required, nor excessive fines imposed...". Bail schedules that set financial bond amounts based solely on the charged offense rather than the individual's background and specific circumstances increase the likelihood that "excessive bail" will be required in order for a defendant to secure release. Bail is determined by the judicial officer based on the identified risks posed by the defendant. If there are no identified risks, there is a high likelihood that the defendant wil be released without any financial bond requirements. However, if there are significant risks involving both flight and danger to the community, the judicial officer might set a financial bond along with numerous special release conditions, such as placement on location monitoring.

Family members and friends are allowed to attend all bail related hearings, except in rare instances when the matter is "sealed". Additionally, defense counsel would be able to inform family members and friends about the bail amount after it has been set by the judical officer.

Q: One of my special release conditions requires me to relinquish my firearms. How do I do that?

Answer

If you have been ordered by the judicial officer to relinquish your firearms, here are several options:

1. Consult with your defense attorney for their advice on how best to proceed

2. Lawfully transfer the firearms to another individual by complying with California state requirements for such a transfer

3. Contact your local police/sheriff's department to see if you can voluntarily surrender the firearms to them for destruction

4. Coordinate with a federally license firearms dealer for assistance to sell your firearms via consignment

Q: I am considering co-signing on a bond for a friend. Will I be responsible for the full amount of the bond if my friend violates the terms of his release?

Answer

There are several ways acquaintences/family members/friends can assist a defendant with bail.

Some bonds require cash or property posting. These types of bonds are the most "burdensome" for those assisting with bail since cash and/or real estate is formally posted with the U.S. District Court and held until the case is completely resolved or further order by the Court.
Some bonds do not require the posting of financial assets, but require individuals to co-sign on the bond form.

In both cases, individuals who have signed on to the bond, whether or not they posted financial assets as security, are "jointly and severally" liable. If the defendant violates their release conditions and/or intentionally fails to appear for their court proceedings, the Court can order the bond forfeited and authorize the U.S. Attorney's Office to seize the posted property and/or go after the individuals who signed on the bond for the total bail amount. The U.S. Attorney's Office may deem all individuals who signed on the bond to be equally liable, or they may decide to hold the individual who has assets that are easily siezed liable for the entire bail amount.

Northern District of California

U.S. Pretrial Services Agency

Silvio Lugo, Chief Pretrial Services Officer

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FAQs - Pretrial

Pretrial