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Kentucky Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d)

State:
Kentucky
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KY-SKU-0521
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Description

Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d)

A Kentucky Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d) is a court order that requires a defendant to be detained in a secure facility pending the outcome of a criminal trial. The order is issued by a court in Kentucky based on the requirements of 18 U.S.C. 3142(d), which states that a court may order the detention of a defendant if there is a “substantial risk” that the defendant will flee, commit additional crimes, or fail to appear for court hearings. There are two types of Kentucky Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d): pre-trial detention order and post-trial detention order. A pre-trial detention order is issued prior to trial, while a post-trial detention order is issued after the trial is complete.

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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 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 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.

The section provides for a penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both.

Summary: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

The eighth amendment in the American Bill of Rights was adopted from the English Bill of Rights of 1689 and provides that excessive bail or fines shall not be imposed. Interpretations of the U.S. Constitution and State constitutions have consistently upheld the right to deny bail in capital cases.

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Kentucky Order to Detain a Defendant Temporarily Under 18 U.S.C. 3142(d)