Leading Federal Criminal Lawyers Leonard Trial Lawyers obtain client’s release after detention hearing. One of the early battles that federal criminal defense lawyers often engage in with federal prosecutors is the issue of the defendant’s release from custody pending trial. Far too often, federal prosecutors oppose release from custody, and instead argue that the defendant should be detained prior to trial. This can be a significant issue in light of the fact that some federal criminal trials do not go to trial for one, two, or three years or more from the time of Indictment.
Obviously, the vast majority of defendants prefer to be released from custody during that time. The reasons for that are numerous, including but not limited to: 1) the desire to be with, and see, their family members, including spouses and children; 2) the desire to continue to work and hold their jobs; 3) their desire to avoid being confined in what are often lock-down or lock-down like conditions; 4) the desire to continue to receive quality medical and/or mental health, which is often not readily and consistently available during detention; and 5) the desire to more easily see and meet with their attorneys, review discovery, and prepare for trial.
This past week, attorneys Michael Leonard and Matthew Chivari of Leonard Trial Lawyers in Chicago faced such a battle with federal prosecutors in federal court in Chicago at the Dirksen Federal Building. Their client had been previously represented by another attorney. At that time, the Court ordered that no condition or combination of conditions to reasonably assure the Court that the defendant would not flee and would appear in Court, and that the defendant would not present a danger to the community,
Nevertheless, Mr. Leonard and Mr. Chivari filed a renewed Motion with the District Court seeking their new client’s release from custody pending trial. In order to do so, they were able to secure housing for their client, who has no connections to Chicago, who does not even live in the United States, and who was arrested internationally and extradited to Chicago. Based upon that housing, and the attorneys’ finding of a suitable third-party custodian, the District Court Judge agreed with Mr. Leonard and Mr. Chivari and granted their Motion for release from custody pending trial.
This result once again underscores the need to hire federal criminal defense lawyers who will not give up on an issue or Motion, and who will continue to fight for the client-defendant’s interests, sometimes even when the position argued has been previously rejected by the Court.
We at Leonard Trial Lawyers are firmly committed to such efforts.
Matthew Chivari
Leonard Trial Lawyers
January 20, 2025