Continuances Pending Detention Hearings

The Bail Reform Act authorizes the continuance of detention hearings, during which the defendant shall be detained.  S

ee

18 U.S.C. § 3142(f).  While prosecutors can and should invoke this provision in certain cases, they should do so only after a consideration of case- and defendant-specific facts and circumstances, including whether detention appears warranted and such a continuance is reasonably necessary.  Prosecutors should endeavor, where practicable in light of all facts and circumstances, and consistent with district and judicial procedure and practice, to proceed to a detention hearing reasonably soon after a defendant’s arrest, and where feasible and appropriate, be ready to proceed more quickly than the three days permitted in certain cases under the Bail Reform Act.  In seeking to schedule a detention hearing, prosecutors must recognize that “a defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding [including] initial appearance,” except where “the defendant waives this right.” Fed. R. Crim. P. 44(a);

see also

18 U.S.C. § 3006A.

[added January 2023]