- When a defendant first appears before a judge or magistrate, he may be released on personal recognizance or unsecured bond; released subject to conditions imposed by the court, possibly including traditional bail; temporarily detained without bail (limited to 10 working days) to permit deportation, exclusion, or the revocation of previously granted conditional release; or detained pending the outcome of a detention hearing. If the judicial officer decides that a hearing is necessary to determine whether the defendant should be released or detained, a hearing must take place within no more than three days.
- The judicial officer may decide that the defendant is a danger to the community or a flight risk. In this case, the judicial officer may order that the defendant be detained. If such a finding is not made, the defendant must be released on personal recognizance or unsecured personal bond. Additional restrictions may also be made to ensure that the defendant appears at future court proceedings and to protect the community.
- A court may consider several factors when determining whether a defendant is a flight risk or a threat. These factors include the history and characteristics of the person and the nature of the charges against him.
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