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## ARGUMENTS

Standard under 18 U.S.C. §3142(e): If no condition or combination of conditions will reasonably assure appearance of defendant as required and safety of any other person or the community, defendant should be detained before trial.

Rebuttable presumption uner 18 U.S.C. § 3142(e): in drug cases with 10 yr. max., or 924(c) cases, certain cases involving minors – it’s presumed that no condition or combo of conditions will assure appearance and safety; it’s up to defense counsel to rebut

## A. Risk of Flight

1. Strength of case (likelihood of conviction) – confession, tapes, wiretaps, undercover deals

2. Potential penalties:

a. emphasize mandatory minimums, high guidelines

b. collateral consequences of arrest/conviction (e.g. deportation)

3. Outstanding bench warrants or prior bench warrants

4. False info to PTS (or info not corroborated)

5. Conflict of PTS info w/ info to arresting agents, marshals

6. Aliases, multiple DOBs, SSNs, addresses from rap sheet (emphasize ability to hide identity and location)

7. Lack of community ties



- family intact?





- short period of residence in city



- lack of employment/brief employment

8. Ties to other communities.



- alien status





- relatives/associates elsewhere



<table><tr><td>-</td><td>regular travel</td></tr></table>

9. Assets giving ability to flee

10. Ability to make/obtain documents to flee (e.g. passport)

11. Other:

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## B. Dangerousness:

1. Nature of Offense (e.g., violence, threats, drug dealing)

2. Criminal History

- crimes of violence

- past drug dealing

- crimes while on bail

- crimes while on probation

3. Currently under supervision (or on bail)

4. Tested positive for drugs by PTS

5. Drug use or addiction w/o employment (reflects need to commit crimes to support habit)

6. Threats to witnesses

7. Other:___

B. DEFENDANT’S RESPONSE:___

C. REPLY:___

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