Bond Motions in Federal Drug Trafficking Cases
Tampa Federal Drug Trafficking Attorney
The criminal defense attorneys at the Sammis Law Firm represent individuals charged with federal drug trafficking cases in the United States District Court for the Middle District of Florida, Tampa Division. Our offices are located just two blocks from the federal courthouse in downtown Tampa in Hillsborough County, FL.
Call an attorney at the Sammis Law Firm today to discuss the particular facts and circumstances of your federal drug trafficking prosecution. Talking with an attorney as early in the case as possible is important so that all avenues of attack can be preserved.
Federal Drug Trafficking Bond or Detention Hearings in the Middle District of Florida, Tampa Division
In Federal Drug Trafficking cases, the Assistant United States Attorney's office will often take the position that the person accused of a serious drug trafficking offense should be detained on a pre-trial basis because of both the risk of flight and danger to the community.
For example, in a prosecution for possession with intent to distribute 5 kilograms or more of cocaine in violation of Title 21, United States Code, Section 841(a)(1), the prosecutor may argue that the fact that the offense is punishable by a minimum mandatory of 10 years and a maximum sentence of life is a factor that weighs in favor of pre-trial detention.
The Purpose of Detention Hearing in Federal Drug Trafficking Offenses
The purpose of a detention hearing conducted pursuant to Title 18, United States Code, Section 3142, is to determine whether any conditions or a combination of conditions would reasonably assure the appearance of a person as required and the safety of others in the community.
Pursuant to Title 18, United States Code, Section 3142(e), subject to rebuttal by the individual charged with the frderal drug trafficking offense, it SHALL be presumed that no condition or a combination of conditions will reasonably assure the appearance of the defendant as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the defendant committed an offense for which a maximum term of imprisonment of ten years or more is prescribed by the Controlled Substance Act, Title 21, United states Code, Section 801, et seq.
Overcoming the Rebuttable Presumption of Detention in a Federal Drug Trafficking Case
This rebuttable presumption of pre-trial detention applies in serious federal drug trafficking cases such as prosecutions for possession with intent to distribute 5 kilograms or more of cocaine in violation of Title 21, United States Code, Section 841(a)(1) in the Middle District of Florida, Tampa Division. It is not necessary to show a continuing series of such drug trafficking offense to trigger the presumption under the statute. The factors to be analyzed include the following:
- the risk of flight; and
- the danger to the community.
Each factor is to be analyzed separately. United States v. Fortna, 769 F.2d 243, 249 (5th Cir. 1985). Each factor may separately provdide a basis for detention. Id.
Thus, in a federal drug trafficking case there is a rebuttable presumption that the defendant should not be released on bond because it is presumed that he is both a flight risk and a danger to the community. In fact, it is the defendant who bears the initial burden of production to demonstrate otherwise.
The prosecutor willl agrue that Senate Report No. 98-225 as well as case law indicates that "when the presumption is triggered... the burden shifts to the defendant to establish a basis for concluding that there are conditions of release sufficient to assure that he will not engage in dangerious criminal activity pending trial. No. 98-225 at 19. This burden of production in federal drug trafficking cases is required to be met to attempt to rebut the presumption before the government need present any other evidence of the defendant's dangerousness to the community.
Therefore, the attorney for an individual charged with a federal drug trafficking offense must proffer credible evidence which would rebut each presumption.
The Prosecutor Will Argue Against Pre-trial Release
The Assitant United States Attorney may argue that Congress has enunciated the specific circumstances giving rise to the strong probability "that no form of conditional release will be adequate" in cases in which the defendant is charged with a federal drug trafficking offense, including drug trafficking offenses in the Middle District of Florida in Tampa. S. Rep. No. 980225 at 19.
Congress has said that, "[p]ersons charged with major drug felonies are often in the business of importing or distributing dangerious drugs, and thus becasue of the nature of the criminal activity with which they are charged, they pose a significant risk of pretrial recidivism." S. Rep. No. 98-225. Congress has determined that federal drug trafficking is a serious danger to the community. In fact, persons facing serious drug charges "are far more likely to be responsible for dangerous acts in the community after arrest." United States v. Salerno, 481 U.S. 739 (1987), citing S. Rep. No. 98-225 at 6-7.
Locations We Serve in the United States District Court for the Middle District of Florida
Orlando Division
United States Federal Courthouse
401 West Central Boulevard
Suite 1200
Orlando, Florida 32801-0120
407-835-4200
Tampa Division
Sam M. Gibbons United States Federal Courthouse
801 North Florida Avenue
Tampa, Florida 33602
813-301-5400