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711 KB
Extraction Summary
2
People
2
Organizations
2
Locations
1
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
711 KB
Summary
This document is a page from a court order filed on December 30, 2020, in case 1:20-cr-00330-AJN. The Court denies the Defendant's motion for bail, explaining that under the Bail Reform Act (18 U.S.C. § 3142), a presumption in favor of detention applies because the Defendant was indicted by a grand jury for an offense involving a minor victim. The document cites case law (Contreras and Jessup) to affirm that an indictment establishes probable cause and places a limited burden on the Defendant to produce evidence to counter the presumption of detention.
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | Government agency |
The judicial body that denies the Defendant's motion for bail.
|
| United States | Government |
Named as a party in the cited cases, United States v. Contreras and United States v. Jessup.
|
Relationships (1)
The Court is ruling on the Defendant's motion for bail, establishing an adversarial relationship within a legal proceeding.
Key Quotes (5)
"it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed."Source
— 18 U.S.C. § 3142(e)(3)(E)
(Quoted from the Bail Reform Act to establish the presumption in favor of detention.)
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Quote #1
"conclusively determines the existence of probable cause"Source
— United States v. Contreras
(Describing the legal effect of an indictment returned by a properly constituted grand jury.)
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Quote #2
"the return of an indictment eliminates the need for a preliminary examination at which a probable cause finding is made by a judicial officer pursuant to Rule 5(c) of the Federal Rules of Criminal Procedure."Source
— United States v. Contreras
(Explaining why a grand jury indictment removes the need for a separate preliminary hearing for probable cause.)
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Quote #3
"tending to counter the § 3142(e) presumption of flight,"Source
— Contreras, 776 F.2d at 53 n.1
(Describing the limited burden of production that the Defendant bears when the presumption of detention applies.)
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Quote #4
"introduce a certain amount of evidence contrary to the presumed fact."Source
— United States v. Jessup, 757 F.2d 378, 380
(Defining what is required by the Defendant's burden of production.)
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Quote #5
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