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Initial Appearance and Probation Interview
Arrested defendants or defendants who have appeared on a summons will be interviewed by the probation department of Federal Corrections prior to making their first appearance in front of a federal judge or magistrate. These interviews are not mandatory, but if a defendant declines the interview it may hurt the defendant’s chances for release. During these interviews, probation officers ask questions about drug usage, ties to the community and prior criminal arrests. The Court will ultimately rely on this information at the defendant’s “first appearance” (first hearing in front of a judge following an arrest) to determine the defendant’s release status during the duration of the criminal case. At the first appearance, the defendant is advised of the charges against him, the right to retain counsel, the circumstances under which pretrial release can be secured, the right to remain silent and the right to a preliminary examination (if arrested or summoned on a complaint).