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Extraction Summary
2
People
2
Organizations
0
Locations
2
Events
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Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
510 KB
Summary
This legal document is a court filing from June 30, 2020, which denies a defendant's motion for bail. The court explains that a legal presumption in favor of detention applies, particularly because the defendant was indicted by a grand jury for an offense involving a minor victim, which suffices to establish probable cause. The document clarifies that the defendant bears a limited burden to produce evidence to counter this presumption.
Organizations (2)
| Name | Type | Context |
|---|---|---|
| The Court | government agency |
The judicial body making the ruling described in the document.
|
| grand jury | government agency |
Mentioned as the body that returned an indictment against the Defendant, establishing probable cause.
|
Timeline (2 events)
The Defendant was indicted by a grand jury.
Defendant
grand jury
Relationships (1)
The document details a legal proceeding where the Court is ruling on a motion for bail filed by the Defendant.
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
— Bail Reform Act (18 U.S.C. § 3142(e)(3)(E))
(Quoted to explain the legal presumption in favor of detention for certain offenses.)
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Quote #1
"conclusively determines the existence of probable cause"Source
— United States v. Contreras
(Quoted to describe the legal effect of an indictment returned by a 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
(Quoted to further explain the legal significance of a grand jury indictment.)
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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 Defendant's limited burden of production when a 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 (1st Cir. 1985)
(Explaining what is required to meet the Defendant's burden of production.)
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Quote #5
Full Extracted Text
Complete text extracted from the document (2,097 characters)
Case: 20-cr-00330-AJN Document 106-2 Filed 06/30/20 Page 7 of 22
detention without bail is warranted under 18 U.S.C. § 3142(e)(1). The Court accordingly denies
Defendant’s request to reopen the original bail hearing and denies her renewed motion for bail.
Defendant’s request to reopen the original bail hearing and denies her renewed motion for bail.
A. The presumption in favor of detention applies
The Court is required to presume that no condition or combination of conditions of
pretrial release will reasonably assure the Defendant’s appearance. The Bail Reform Act
provides that if a defendant is charged with committing an offense involving a minor victim
under 18 U.S.C. §§ 2422 or 2423, “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.” 18 U.S.C. § 3142(e)(3)(E). The Defendant’s indictment by a grand jury suffices to
establish that there is probable cause to believe that she committed the offenses charged in the
indictment. See, e.g., United States v. Contreras, 776 F.2d 51, 53–54 (2d Cir. 1985) (noting that
that an indictment returned by a properly constituted grand jury “conclusively determines the
existence of probable cause” and that “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.” (citations omitted)). In light of the
crimes charged in the indictment, the Court begins with the presumption that no condition or
combination of conditions of pretrial release will reasonably assure the Defendant’s appearance.
pretrial release will reasonably assure the Defendant’s appearance. The Bail Reform Act
provides that if a defendant is charged with committing an offense involving a minor victim
under 18 U.S.C. §§ 2422 or 2423, “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.” 18 U.S.C. § 3142(e)(3)(E). The Defendant’s indictment by a grand jury suffices to
establish that there is probable cause to believe that she committed the offenses charged in the
indictment. See, e.g., United States v. Contreras, 776 F.2d 51, 53–54 (2d Cir. 1985) (noting that
that an indictment returned by a properly constituted grand jury “conclusively determines the
existence of probable cause” and that “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.” (citations omitted)). In light of the
crimes charged in the indictment, the Court begins with the presumption that no condition or
combination of conditions of pretrial release will reasonably assure the Defendant’s appearance.
When the presumption applies, the Defendant bears a limited burden of production
“tending to counter the § 3142(e) presumption of flight,” Contreras, 776 F.2d at 53 n.1. The
Defendant’s burden of production only requires that she “introduce a certain amount of evidence
contrary to the presumed fact.” United States v. Jessup, 757 F.2d 378, 380 (1st Cir. 1985).
“tending to counter the § 3142(e) presumption of flight,” Contreras, 776 F.2d at 53 n.1. The
Defendant’s burden of production only requires that she “introduce a certain amount of evidence
contrary to the presumed fact.” United States v. Jessup, 757 F.2d 378, 380 (1st Cir. 1985).
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DOJ-OGR-00001216
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