Q. “How can I get my brother out of the U.S. Marshal’s lock-up, you know, get him bail, when he’s federally indicted?” A. “It’s a simple enough process, to score a nice bond with a federal Magistrate, assuming your brother has ties to the community, has not fled the jurisdiction on earlier occasions, has little to no criminal history record, and assuming that he is not considered a “flight risk” from his own actions or the facts and circumstances surrounding his arrest,” opines South Florida federal criminal lawyer John M. Castellano

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What’s the best type of bail or “bond” in these federal criminal cases?

It’s called a personal surety bond — and this is the best type of bond you’ll want your federal lawyer to shoot for, since you won’t be required to put up any $$ money $$ and no out of pocket expenses for this type of release.

The next best type of bond is the “corporate surety bond,” but it costs you fifteen (15) percent of the total bond amount, requiring you to pay (as an example) $15,000 to a bondsman (who essentially acts as an insurance agent of sorts, keeping that “premium” as his big or fee!) on a “corporate surety bond” of $100,000.

Your federal criminal defense lawyer should first pitch hard to the assigned federal prosecutor for the “personal surety bond,” since let’s face it, you’ll need that initial $15,000 toward the lawyer’s fees, making it a symbiotic relationship by and between you and the lawyer, and otherwise advantageous to the lawyer AND your family, if the lawyer can score the prosecutor’s agreement to stipulate to the “personal surety bond.”

You might be tempted to ask, “Is this the bottom line, best advice from Florida federal criminal defense lawyer John Castellano … what’s actually in the lawyer best interests too?! YES!!

It is best for the lawyer as well as your family, if he can avoid the corporate surety bond; so the first order of business for your federal criminal defense attorney, is to work hard and fast to make every attempt to achieve this stipulated personal surety bond; otherwise, in the absence of a “stipulated” personal surety bond, your federal criminal lawyer will need to argue for the exact same thing before the U.S. Magistrate (the Judge who handles bond issues and other pretrial matters) at a scheduled “first appearance hearing” — the very first hearing where your brother will be brought over from the Marshal’s lock-up, escorted into the courtroom before the Magistrate. This is an open court (public) hearing which you can attend, and you’ll see if your federal criminal defense lawyer does the right thing on your brother’s behalf!

Too often today, these Assistant U.S. Attorneys (federal prosecutors) seek what is called “PTD” or “Pretrial Detention,” meaning they try to convince the Magistrate to deny ANY bond at all, to “detain” the defendant on “no bond.” They often argue that the defendant faces a lengthy prison sentence if convicted, and that the accused is otherwise a danger to the community, or is certainly a flight risk if released on bond, since he has every reason to flee and never come back to court, given his lengthy prison exposure, etc. Your federal criminal lawyer needs to aggressively fight against this type of “bond,” since it’s really not a bond at all!

I will tell you how it works in real life, if you’d like to talk some more about this. I enjoy helping the accused and reuniting families, so feel free to call me anytime. I am

Always there for you and your family,

John Castellano


About the Author:

John M. Castellano is a Fort Lauderdale criminal defense attorney who has helped thousands of clients throughout Florida. While building a reputation as a premiere Fort Lauderdale DUI attorney, Mr. Castellano has worked tirelessly to develop strategies to best protect the rights of those arrested for DUI in Broward, Dade and West Palm. However, Mr. Castellano is not just a drunk driving lawyer. He has been a successful domestic violence attorney, drug trafficking attorney, as well as all other Felony and Misdemeanor cases.

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