Can I Get Bail Or Probation For A Federal Felony? Andrew Russek, a top criminal defense lawyer with Combs Waterkotte, answers this popular question about federal felony sentencing.
Interview Transcript
Scott Michael Dunn: But what I’m hearing is that it’s still possible. Can I get bail or probation with a federal felony? Is it still possible?
Andrew Russek: It is certainly possible. We have quite a few federal clients with federal charges who are currently out on what is called “pretrial release”, but inherently it’s the same thing.
Scott Michael Dunn: Probation?
Andrew Russek: Well, not probation. It’s pretrial release, so it’s like bond.
Scott Michael Dunn: Oh, like bond.
Andrew Russek: So they’re out in the community and everything. And then you can also get probation after conviction, but it takes a lot more than it would in a state case. Both negotiating with the prosecutor, but also doing a sentencing hearing with the judge.
In state court, you often have the judge just [sign] off on whatever you and your local prosecutor can agree to. Even if the AUSA wants to be nice to the client, the judge is the one making the decision, and they’re basing that on these guidelines they have. So it’s a much more complex, serious process to come out with probation in any federal case than it is in a state case.
Scott Michael Dunn: This is unlikely?
Andrew Russek: It takes a lot of work, and a lot higher percentage of federal cases do end up with some kind of time to serve.
If you’re facing federal charges and need an expert criminal defense lawyer, contact Combs Waterkotte today at (314) 900-HELP or reach out online for a free, confidential case review. We will fight for your rights and freedom.
