An Indiana Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d) is an order issued by a court in Indiana that requires a defendant to be temporarily detained in custody pending the outcome of a criminal case. This order is based on 18 U.S.C. 3142(d), which states that a court may order the detention of a defendant prior to trial if it finds that the defendant poses a serious risk of flight, the danger of obstruction of justice, or the danger of intimidation of potential witnesses or otherwise influencing witnesses or jurors. There are two types of Indiana Orders to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d): an ex parte order and an order after hearing. An ex parte order is issued without a hearing and is based on the court's determination that the defendant poses a risk of flight or other danger of obstruction of justice. An order after hearing is issued after a hearing and is based on the court's determination that the defendant poses a serious risk of flight, the danger of obstruction of justice, or the danger of intimidation of potential witnesses or otherwise influencing witnesses or jurors.
Indiana Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d)
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FAQ
A detention order is a type of court order that can be made at a bail hearing. If the judge or justice of the peace makes a detention order, you will remain in custody until your case is finished, or you are released on a bail review.
Release on Personal Recognizance/Unsecured Appearance Bond: Title 18, United States Code, Section 3142(b) requires a judicial officer to order the pretrial release of a defendant on "personal recognizance" or upon the defendant's execution of an "unsecured appearance bond" in an amount specified by the court.
The Bail Reform Act of 1984 (18 U.S.C. §§ 3141?3150) authorizes and sets forth the procedures for a judicial officer to order the release or detention of an arrested person pending trial, sentence, and appeal. The Bail Reform Act of 1984 has been amended several times.
Enacted with a minimum of fanfare by a nearly unanimous Congress, the Bail Reform Act of 1966 seeks to assure that defendants "shall not needlessly be detained" prior to trial in federal criminal courts.
The Bail Reform Act of 1984 authorizes preventive detention by permitting the pretrial incarceration of a defendant who will endanger the community's safety. For pretrial detainees, preventive detention works unnecessary hardship and skews the adversarial basis of the criminal process.
The presumption for detention statute, which assumes that defendants charged with certain offenses should be detained, has been identified as one potential factor contributing to the rising detention rate.
The 1966 Federal Bail Reform Act created a presumption of release for defendants on their own recognizance in non-capital cases unless the judge could not adequately assure the defendant's appearance at trial.
Pretrial Motions for Detention: The Bail Reform Act requires the pretrial detention of a defendant only if a judicial officer determines that no conditions or combination of conditions exist which will "reasonably assure the appearance of the person", see United States v. Xulam, 84 F.