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Federal Bail and Detention Handbook 2020

Author(s): John L Weinberg, Evelyn J. Furse
Practice Area: Criminal litigation, Criminal procedure, Incarcerated individuals, Litigation, Pro bono
Date: Apr 2020 i Other versions can be found in the Related Items tab.
ISBN: 9781402436215
PLI Item #: 290185

Federal Bail and Detention Handbook provides probation and pretrial services officers, judges, and lawyers alike with quick, on-point answers to all aspects of federal bail and detention law. The Handbook serves as a comprehensive guide to the Bail Reform Act of 1984, featuring relevant statutory language, legislative history and appellate case law. It analyzes each step of the process, including:

  • Requirements at the initial appearance
  • Factors the court considers in determining whether bail should be granted
  • What conditions may properly be attached to a release on bail
  • Proper procedures to be taken when there is a failure to appear
  • How to appeal orders of release and detention

The Handbook’s Table of Cases lists every federal appellate decision of significant precedential value that interprets or applies the Act.

Designed as a practical tool to be used in both court and the office, Federal Bail and Detention Handbook includes “Practice Pointers” designed to provide defense counsel and Assistant U.S. Attorneys with strategic suggestions for dealing with the Act. The book also includes sample orders and motions and a comprehensive collection of the official, nationally recommended forms relating to release and detention.
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The Honorable John L. Weinberg serves as United States Magistrate Judge for the Western District of Washington at Seattle. He received his B.A. degree from Swarthmore College and his J.D. degree from the University of Chicago Law School. He served as a law clerk in the state courts in Illinois and in the United States District Court in Seattle and was in the private practice of law in Seattle for five years before becoming a United States Magistrate in 1973. He served as national president of the National Council of United States Magistrates in 1982–83 and has lectured nationwide on the Bail Reform Act of 1984 at seminars sponsored by the Federal Judicial Center and other organizations. Judge Weinberg was admitted to practice before the courts of Washington and Illinois, and to the United States Court of Appeals for the Ninth Circuit. He has been a member of the American, Washington, and Seattle-King County Bar Associations, and the American Judicature Society. Within the American Bar Association, he has been a member of the Judicial Administration Division and the Criminal Justice Section and served on its Ad Hoc Committee on the Bail Reform Act of 1984.

The Honorable Evelyn J. Furse has served as a Federal Magistrate Judge for the District of Utah since 2012. Judge Furse is a member of the Local Federal Rules Committee, the Utah Supreme Court Advisory Committee on the Rules of Civil Procedure, and the Aldon J. Anderson Inn of Court. She also co-chairs the District’s risk/need assessment subcommittee of the Assisting Reentry to our Communities Committee (ARC) and works with the Federal Judicial Center on training regarding the issue of pretrial release in criminal cases. She previously served as a 3rd Division Utah Bar Commissioner and President of Women Lawyers of Utah. In 2010, Judge Furse received the Utah State Bar’s Dorathy Merrill Brothers Award for the Advancement of Women in the Legal Profession. Prior to her appointment, Judge Furse worked as a Senior City Attorney with Salt Lake City Corporation. Prior to that position, as a partner with Howrey, LLP, Judge Furse practiced complex corporate litigation. She received a B.A. from the University of North Carolina at Chapel Hill, cum laude, and Phi Beta Kappa. She earned her J.D. at New York University School of Law where she also graduated cum laude. Following graduation from NYU, Judge Furse came to Utah to clerk for the Honorable Justice Christine M. Durham on the Utah Supreme Court and went on to work in Washington, D.C. at Covington & Burling.