Local Rule Criminal Rule 46.1: Release from Custody

Criminal Rule 46.1 Release from Custody a. Bail, Conditions of Release. 1. Release. In all criminal cases where a defendant is ordered released, other than on defendant's own recognizance, the district or magistrate judge setting the condition of release must enter a written order setting forth the conditions of the defendant's release. A judge ordering a defendant's release may refer the case to a magistrate judge to prepare the Order of Conditions for Release. A copy of the order must be provided to the defendant by the Clerk. 2. Posting Bail. A defendant posting bail in a criminal case must have the following documents delivered to the Clerk: a) Personal Appearance Bonds 1. Properly completed personal appearance bond on the form designated by the Court; 2. A copy of the order of conditions for release signed by the judge setting bail; 3. The advice of penalties and sanctions form signed by the defendant; 4. Any cash or other collateral required by the Court to be posted; 5. Properly completed bail and surety information sheets approved by an Assistant United States Attorney on the forms designated by the Court; and 6. If real property is to be posted as a security for the bond then the defendant must deliver to the Clerk: Either a title report showing title in the name of sureties; or an opinion letter by an attorney that the legal description on the deed of trust is accurate, and the sureties have title. A copy of a properly recorded deed of trust signed by all owners of the property. The value of real property to be posted as security must first be approved by the judge setting conditions of release. b) Corporate Surety Bonds 1. A properly executed surety bond on the form approved by the Court from a surety accepted by the Clerk. 2. A properly completed bail information sheet approved by an Assistant United States Attorney, on the form designated by the Court; and 3. An advice of penalties and sanctions form signed by the defendant. 3. Approval. The required bail documents must be reviewed by both the counsel for the defendant and the government and if in compliance with the rules they must place their initials in the upper right corner of the bond. Upon receipt of the above documents fully completed and in proper form, the Clerk must initial the bond and transmit it to the judge for approval. Upon approval, the Clerk must issue a release. For good cause shown, a judge may waive any requirement of this rule by specific order. b. Motions to Modify Bail. Except as otherwise ordered by a district judge, magistrate judges must, subject to the provisions of 18 U.S.C. § 3141 et. seq., hear and determine all motions to modify bail. c. Posting Security. When the release of a defendant is conditioned upon the deposit of cash or other security with the Court, such deposit must be made with the Clerk. d. Bail Review. A magistrate judge must hear the first bail review, including bail review after indictment unless bail was previously set in open court by a district judge after hearing. If bail is set by a district judge after an adversary hearing, the magistrate judge must be specifically authorized by that district judge to thereafter hear a bail review. If the conditions of release are not amended at the review hearing, the magistrate judge must set forth in writing the reasons for continuing the requirements if requested by either party. Further review by a district judge must be heard upon the record of the reasons for the bail set forth in writing by the magistrate judge, together with additional information that may be presented. All bail reviews will be determined promptly. If no district judge has been assigned to the case, the Clerk will randomly assign a district judge to hear the matter. Upon assignment of a district judge to the case, the assigned district judge will hear all bail reviews, including those pending. e. Approval of Bonds and Sureties. A judge must approve all bail bonds prior to the release of a defendant. The signatures of sureties on personal appearance bonds must be witnessed by counsel for the defendant, a defense investigator, a notary, a deputy clerk, or any attorney admitted to practice law before the courts of the State of California. f. Bonds on Appeal. Except as otherwise ordered by a judge of the Court, all bonds on appeal must be approved by a judge. g. Exoneration of Bond and Release of Collateral. When the judicial officer has exonerated a bond involving collateral of any kind, the defense attorney must file with the Court a proposed order for release and/or reconveyance of the collateral. All motions for release of collateral will be handled by the magistrate judge who set the bond unless the bond was set by the district judge or if the district judge orders otherwise. When a defendant moves for release of collateral, and the Assistant United States Attorney does not object, the parties will file a joint motion and proposed order for release and/or reconveyance of the collateral with the assigned magistrate judge. If the Assistant United States Attorney does object, then the defense attorney will file a noticed motion for release and/or reconveyance of the collateral. If the assigned magistrate judge is no longer with the , then such motions will be filed with the presiding magistrate judge. Any proposed order releasing and/or reconveying property will identify with specificity the collateral involved.