When a person is arrested on federal charges, they have the opportunity to have a bail hearing, or detention hearing as it’s usually called. But they also have the right to a probable cause hearing, or a preliminary hearing. In that instance, the government must call witnesses to justify the arrest and determine whether or not the charge is appropriate.
While most cases are not going to be dismissed at the preliminary hearing, it certainly is a big factor in determining the strength of the evidence in front of the United States magistrate. Also, it could be a factor in whether or not release is determined, or bail is set. So, it’s a very important right. And, obviously, it’s extremely important, if you’re charged in federal court, to do everything possible to try to make sure that you’re released on bond.
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