I.      Pretrial Release & Detention
A.    Gerstein/Probable Cause Hearing
                                                             i.     Must be held within a reasonable time (48 hrs) after a warrantless arrest.
                                                           ii.     Purpose is to determine whether the police had probable cause to arrest the defendant
1.     Even if D is not constitutionally entitled to a Gerstein hearing (if there had been an arrest warrant) – all jurisdictions require that he be brought before a judicial officer to be informed of the charges and his constitutional rights.
B.    Initial Appearance
                                                             i.     Before a magistrate who
1.     informs defendant of the charges in the complaint
2.     sets bail
3.     determined whether the defendant is entitled to appointed counsel
                                                           ii.     Held even if D was arrested pursuant to a warrant
                                                         iii.     Often combined with a Gerstein hearing if the arrest was without a warrant
C.    Bail
                                                             i.     History
1.     Surety- neighbor would pledge surety and stand in trial for the persons place if they didn’t come back
2.     This changed to having D or surety proffer an amount of money or property which would be forfeited if D fled trial
3.     Ds usually give 10% of bail amount to bail bondsmen use puts up the rest, if D flees trial the bondsmen is authorized to hire bounty hunters to find D
4.     Bail reform- 1960s-now
a.     Aimed at increasing the use of non-financial techniques such as release on recognizance (ROR) and to standardize the criteria used as a way of preventing the wealth of Ds from dominating release decisions
                                                                                                                                     i.     People agued Ds not released on bail were more likely to be convicted & get harsher sentence
                                                                                                                                   ii.     VERA experiment- Ds who had ties to community were release and overwhelmingly returned for later court appearances
b.     Bail Reform Act of 1966- presumption that all federal Ds should be released w/o money bail at all- released on ROR factors
c.      If ct was doubtful of Ds return judges could set conditions for release in some sort of money bail or conditional release (maintain regular contact w/ pretrial program)
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istorical explanation
b.     Ct said there bust be some exceptions to plain being of provision if proof is evident or presumption is great
                                                                                                                                     i.     40 states preclude bail in capital offense
                                                           ii.     Preventative Detention
1.     Bail Reform Act 1984- prevention of future wrongdoing was indeed a proper basis for detaining a defendant in custody before trial
a.     Even if it was determined D was not a flight risk-community safety became concern in setting bail
                                                                                                                                     i.     Clear and convincing evidence
2.     Salerno- D was head of the mafia and co-D was also major figure challenged constitutionally of statute.
Court held was constitutional on its face because it provided a full hearing, burden of proof on prosecution, provided D should be tired asap, &
