In U.S. v. G.S., at his client’s initial appearance in federal court, Attorney Dudley was able to secure the defendant’s immediate release from custody on a no-bail, signature bond. She was a resident of Houston, Texas facing federal criminal prosecution for a firearms offense in Cedar Rapids, Iowa.
Three months after her release, the defendant was detained by the United States Marshal’s Service in her rental car near the house at which she resided while marshals searched that residence. Inside the residence, they found her ex-boyfriend, a federal fugitive and a co-defendant in her Iowa gun case. Accused of harboring a fugitive, a federal felony, the defendant was soon thereafter charged with violating her pre-trial release conditions and committed to federal custody.
At a subsequent bail revocation hearing in Cedar Rapids, over vehement government objection, Attorney Dudley was able to convince a federal magistrate judge that sufficient mitigating circumstances existed to justify her release on electronic monitoring, despite overwhelming evidence that she had committed a felony while released on bond, pending the final disposition of her case, which was not to take place for several months later.
Other than the obvious maintenance of liberty which pre-trial release secures, often for months or even years in a given case, such release also allows a defense attorney to have much better communications with a client who is facing serious federal or state criminal charges. That enhanced communication can often mean the difference between winning and losing a case.
Although a defendant should never engage in conduct which violates his or her federal pre-trial release conditions, if an accusation of such violative conduct does take place, he or she needs an attorney who, unlike most defense lawyers, is willing to contest that accusation and ensure his client’s continued release.
To schedule a consultation with criminal defense attorney David M. Dudley, contact us today.