FAQs - Pretrial

Pretrial

Q: I have been sentenced and am waiting to be told where to report to serve my sentence. Do I report to my U.S. Probation Officer until I am assigned to a prison?

Answer

If you were released on bond with pretrial supervision, you are still required to report to your U.S. Pretrial Services Agency Officer until you report to prison. Failure to abide by these conditions after sentencing could result in arrest and remand for immediate service of the sentence.

Q: Does Pretrial Services work for the U.S. Attorney’s Office, also known as the "government?"

Answer

No. Pretrial Services works directly for the Court. Pretrial Services remains neutral; their role is not to prosecute or defend your case. The role of Pretrial Services is to provide objective, unbiased, and verified information to the Court and to supervise the defendant in the community. The U.S. Attorney’s office works for the Department of Justice.

Q: What types of bond may be set by the Court?

Answer

The bond types ordered in federal court include:

Personal Recognizance Bond: Defendant is released on his/her written promise to appear at all future court proceedings.
Unsecured Bond: Defendant is released on his/her written promise to appear at all future court proceedings AND to pay the Court the full bond amount in the event he/she fails to appear.
Secured Bond: Defendant’s release requires cash or collateral (property) be posted with the Court prior to the defendant’s release from custody.
Surety Bond: Defendant’s release requires a bondsman, attorney, or similar party to post surety prior to the defendant’s release from custody. All sureties used must be on the Clerk of Court’s list of approved sureties.
Release with Conditions: In addition to the above-mentioned bonds, the Court may order pretrial supervision and reporting as a condition of release with bond. Conditions ordered may include: travel restrictions, home confinement, substance abuse counseling and drug testing, and an employment requirement. Additionally, defendants are prohibited from possessing any firearm, destructive devices, or other dangerous weapons while on pretrial release.

Q: What is needed to post a property bond?

Answer

The property owner posting the bond must provide the following items to the Court:

The property bond must be signed by all parties named on the deed. Anyone posting a property bond with the Court should check with the Clerk of Court for additional requirements.

Copy of the deed to the property;
The most recent paid real estate tax receipt;
Copy of the insurance policy; and
A statement of the balance due on the mortgage.

Q: What happens if the bond is revoked?

Answer

Forfeiture of bond may occur if the defendant fails to appear and bond is revoked. The judge may issue a bench warrant and declare a revocation of the bail bond or appearance bond.

Q: What does it mean when someone is a third party custodian?

Answer

This is a condition of release that designates an individual who agrees to assume supervision of the defendant and report any violations of release conditions to the Court. The custodian must inform the Court if they believe the defendant will fail to appear, or if the defendant’s behavior becomes a danger to the community.

Q: What are the conditions of release?

Answer

In most cases, the Court will order conditions of release as part of the bond requirements and pretrial supervision is also ordered as one of those conditions. Additionally, defendants may not possess firearms or other dangerous weapons, including ammunition while the case is pending.

Other conditions that may be ordered could include one or all of the following:

Avoid all contact with any victims or potential witnesses
Report all contact with law enforcement
Surrender passport and obtain no new passport
Home confinement with electronic monitoring
Curfew
Substance abuse testing and/or treatment
Mental health evaluation and/or counseling
Seek and/or maintain employment or attend school

Q: What is required for electronic monitoring in a home?

Answer

Participants must have a residence and land-line telephone. In limited circumstances, a cellular phone unit may be utilizied.

A private telephone line must exist within the home with no party lines. Any custom calling features such as call waiting, caller id, call forwarding, voice mail, etc. must be removed prior to installation of the home monitoring unit. Cordless telephones, answering machines, and computer modems are not permitted.

An ankle transmitter is worn by the client. The ankle transmitter sends a coded signal that identifies the participant and contains security circuitry that is able to detect tampers or removal, and sends a special signal to the monitoring center when either occurs.

Q: I have an urgent issue and my officer is not available. What should I do?

Answer

Leave a voice mail message and your supervising officer will return your call upon receipt. If you cannot wait and need immediate assistance, call the main office and ask to speak with a duty officer.

Q: I forgot to call the drug testing line last night, what can I do now?

Answer

Call your USPO as soon as possible to find out if you are scheduled to report for drug testing.

Q: I am on drug testing and was just prescribed medication by my doctor. What should I do?

Answer

All prescriptions should be immediately reported to your supervising officer. Defendants are required to bring in documentation to verify all prescriptions. Advise your supervising officer of any change to your prescription medications and provide documentation.

Q: I am on Pretrial supervision, and I was arrested or cited. What do I do now?

Answer

Notify your supervising officer as soon as possible of any arrest, citation/ticket, or questioning by law enforcement. This even includes traffic or moving violations.

Q: I was sentenced and have been allowed to self-surrender to a federal institution. Am I still on supervision?

Answer

Yes, you will remain under supervision until such time that you surrender to the institution, unless otherwise ordered by the Court. You should discuss with your supervising officer your travel plans prior to your surrender date.

United States Probation and Pretrial Services

District of New Hampshire

Kevin L. Lavigne, Chief U.S. Probation Officer

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FAQs - Pretrial

Pretrial