FAQs - Pretrial

The U.S. Probation and Pretrial Services Office thrives on professionalism and hold its officers to the highest of ethical standards, as noted within our Judiciary Code of Conduct. If your experience is to the contrary, we would like to hear from you. Please direct all complaints of unethical behavior by U.S. Probation Officers and/or other employees to the Deputy Chief, by contacting our main office at 612-664-5400. You may also submit your complaint, in writing, to the following email address: mnp_complaints@mnp.uscourts.gov. All complaints will be reviewed and addressed accordingly.

Pretrial

Q: I have been sentenced and am waiting to be told where to report to serve my sentence. Do I report to my U.S. Probation Officer until I am assigned to a prison?

Answer

If you were released on bond with pretrial supervision, you are still required to report to your U.S. Pretrial Services Agency Officer until you report to prison. Failure to abide by these conditions after sentencing could result in arrest and remand for immediate service of the sentence.

Q: What is the role of the U.S. Pretrial Services Officer?

Answer

Guided by constitutional principles such as the presumption of innocence and right against excessive bail, pretrial services is committed to maintaining the balance between personal liberty and community safety. Officers work to facilitate the judicial process, protect the public, and reduce unnecessary detention. Pretrial services is the front door to the federal criminal justice system and has a unique opportunity to lay the foundation for each defendant's success, not only during the period of pretrial supervision, but beyond. Officers strive to work with each defendant in such a manner to lay the foundation for success so this contact will be the defendant's last, thereby helping prevent the front door from becoming a revolving door. The manner in which an officer interacts with defendants and others can influence perceptions of the federal court, regardless of outcome. Officers set a tone for what a defendant may expect from the system by acting with integrity and respect, providing clear expectations, and responding appropriately to the struggles and needs of the defendant.

Q: What is the mission of U.S. Pretrial Services?

Answer

The mission of pretrial services is twofold: to investigate and inform the Court regarding the release or detention of defendants arrested for a federal criminal offense, and if release is recommended, recommend appropriate conditions of release; and, once on supervision, to implement and monitor compliance with conditions of release using strategies that are sufficient, but no more restrictive, than necessary to execute the Court's order. Pretrial supervision practices are designed to address a defendant's risk of nonappearance and any danger posed to the community. Pretrial services has the fundamental goal of preventing unnecessary detention when conditions of release are available to reasonable ensure a defendant's appearance in court and the safety of the community. The desired outcome of pretrial supervision is to have the defendant successfully complete the period of supervision by complying with conditions of release, not violating any new laws, appear for all scheduled court hearings, and report for service of any sentence of imprisonment imposed.

Q: Who decides if a defendant is detained or released?

Answer

While there is input on this decision from U.S. Pretrial Services, the prosecutor and defense counsel, the U.S. Magistrate Judge is ultimately responsible for determining whether a defendant should be released or detained. The bond investigation and report completed by U.S. Pretrial Services is an integral part of this process since it provides the Judge a great deal of information about the defendant's background and risks to be considered in the release/detention decision.

Q: How long is a defendant on pretrial release before he/she is sentenced?

Answer

Each case is unique and has many factors that can influence the length of time it takes to reach sentencing. For example, whether a defendant pleads guilty or proceeds to trial; how many co-defendants are charged in the same case; the complexity of the case, etc. So, while the time on supervision can vary widely, it can take around 18 months on the average from arrest to sentencing.

Q: What conditions of supervision can a defendant expect if released?

Answer

The conditions imposed can vary widely and are uniquely fashioned to address the background of the defendant and the risks presented. Common conditions include pretrial supervision and reporting requirements; a requirement a defendant reside in a particular location, including a halfway house; assignment of a third party custodian (someone legally responsible for helping ensure compliance); location monitoring (electronic monitoring, e.g. GPS); drug testing/assessment/treatment; mental health assessment/treatment; employment requirements or restrictions; travel restrictions; reporting contact with law enforcement; and restrictions from possessing firearms or other dangerous weapons.

Q: What happens if a defendant violates conditions of release?

Answer

The responses to non-compliance will depend on the nature and frequency of the violation(s) and the additional risks presented by the non-compliance. Depending on the circumstances, a defendant may receive verbal/written reprimand, a notification to the Court, modifications to the conditions of release, or revocation of pretrial release. Typically, every effort is made to respond to the non-compliance in a manner focused on gaining compliance and addressing any correctional needs of the defendant in an effort to avoid revocation if possible.

Q: Will compliance with pretrial release conditions reduce a defendant's sentence?

Answer

While the federal sentencing guidelines dictate to some degree the sentencing options available, the sentencing judge has a great deal of discretion in imposing a sentence. Compliance with pretrial release is reported to the Court and is considered in the sentencing decision and whether a defendant should be detained or release pending designation to a federal correctional facility if a term of imprisonment is imposed.

United States Probation and Pretrial Services

District of Minnesota

Darren F. Kerns, Acting Chief U.S. Probation Officer

You are here

FAQs - Pretrial

Pretrial