A federal arrestee in a drug trafficking case involving a few kilos of cocaine was entitled to an early hearing concerning the setting of bail. The federal prosecutor failed to ask for the hearing within the statutorily allowed time and failed to ask for a continuance to allow the bail hearing to be held at a later date. The defendant requested relief from the failure to hold the federally required bail hearing within the statutorily defined period of time. The remedy to which the drug trafficking defendant should be granted

Question

Krish Mooney

Law

7 March, 13:59

A federal arrestee in a drug trafficking case involving a few kilos of cocaine was entitled to an early hearing concerning the setting of bail. The federal prosecutor failed to ask for the hearing within the statutorily allowed time and failed to ask for a continuance to allow the bail hearing to be held at a later date. The defendant requested relief from the failure to hold the federally required bail hearing within the statutorily defined period of time. The remedy to which the drug trafficking defendant should be granted

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Gia Fields · Answer 1

Answer: consists of holding the required hearing late, but allowing each side to make any arguments or motions that they could have made had the bail hearing been held in a timely fashion. The government will suffer no penalty for failing to comply with the law

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