FAQs Block

Understanding the Process

Q: If I am convicted of a Federal crime, am I permitted to hunt?

Answer

An individual convicted of a felony offense is prohibited from possessing a firearm under 18 U.S.C. § 922(g)(1), but is not prohibited from hunting consistent with state regulations.
Provided that they are not subject to probation/supervised release conditions prohibiting the possession of a dangerous weapon, felons may hunt with bows and/or black powder rifles.

Q: What is Voluntary Surrender or Self-Surrender?

Answer

At sentencing, if a defendant is not remanded to the custody of the U.S. Marshals Service, the Judge may allow the defendant to self-surrender for his/her term of incarceration. A defendant remains under Pretrial Services supervision until he reports to the Bureau of Prisons facility designated by the U.S. Marshals Service. Defendants are notified by mail of the surrender information 4 - 6 weeks in advance.

Q: What does it mean when someone is a third party custodian?

Answer

This is a condition of release that designates an individual who agrees to assume supervision of the defendant and report any violations of release conditions to the Court. The custodian must inform the Court if they believe the defendant will fail to appear or, if the defendant’s behavior becomes a danger to the community.

Q: What are the types of bond ordered by U.S. Magistrate Judges?

Answer

There are a variety of bond types ordered in the Federal Courts. They include:

Personal recognizance bond: Defendant is released on his/her written promise to appear at all Court proceedings.
Unsecured bond: Defendant is released on his/her written promise to appear at all Court proceedings AND to pay the Court the full bond amount in the event he/she fails to appear.
Secured bond: Defendant’s release requires cash or collateral (property) be posted with the Court prior to the Defendant’s release from custody.
Surety bond: Defendant’s release requires a bondsman, attorney, or similar party, to post surety prior to the defendant’s release from custody. All sureties used must be on the Department of the Treasury’s Listing of Approved Sureties. The surety must have a current certificate of Authority from the State of Arizona on file with the Court. The agent appointed by the surety must have a valid power of attorney filed with the Court.
Release with Conditions: In addition to the above-mentioned bonds, the Court typically orders pretrial supervision and reporting as a condition of release for all defendants. Other special conditions may be ordered, including, but not limited to: travel restrictions, electronic monitoring, substance abuse counseling and testing, and employment. Additionally, all defendants are ordered to not possess any firearm or dangerous device while on pretrial release.

Q: How do I post bond?

Answer

Bonds may be posted with the court for bail as ordered by a judge. Bonds may be ordered to be posted in the form of cash, secured bond through a surety, property, or a combination of forms. All bonds must be ORDERED by the court before being accepted by the District Court Clerk’s Office. Cash bonds should be tendered to the cashier located in the District Court Clerk’s Office. Bond may be posted by either cash or cashier’s check, payable to the Clerk, U.S.District Court. All bail bonds will be receipted by the cashier in the name of the defendant as specified by local rules.

Q: What is an Arraignment?

Answer

Arraignments are conducted in open court and consist of the reading of the indictment or the information to the defendant or stating the substance of the charge. The defendant must enter a plea to the charge(s) at that time. A trial date is then set.

Q: What is a Detention Hearing?

Answer

Detention hearings are conducted when the U.S. Attorney’s Office, or the Court on its own motion, requests that the defendant be detained without bail. At the detention hearing, the Government must prove there is reason to detain the defendant.

Q: What is an Appointed Attorney?

Answer

All defendants have the right to an attorney’s representation in their defense. If the U.S. Magistrate Judge finds the defendant is unable to afford an attorney, an Order will be entered appointing anattorney. Defendants are not required to remit payment to an appointed attorney.

Q: What is an Initial Appearance?

Answer

The initial appearance before a U.S. Magistrate Judge is in most cases the defendant’s first contact with the Court and usually is the point where pretrial release or detention is addressed. An initial appearance will occur in one of the following situations:

an arrest on a warrant issued on a complaint
an appearance on a summons issued in lieu of a warrant
an arrest by an officer without a warrant (in which case the complaint is issued immediately by the U.S. Magistrate Judge)
an arrest on a warrant issued following the return of an indictment of the Grand Jury
an information is filed by the U.S. Attorney
an appearance on a citation or violation notice in a misdemeanor offense
an appearance in response to an informal agreement between the U.S. Attorney and Defense Counsel

The defendant will be read the charges being filed or the complaint against them during the initial appearance. Additionally, they will be provided a copy of the charges. The Court will determine if there is a need for an appointed attorney at this time.

District of Arizona

United States Probation and Pretrial Services

Phillip Muñoz, Jr., Chief U.S. Probation Officer

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FAQs Block

Understanding the Process