Dear reader: This entry on the blog will walk you through the procedures at the inception of a federal drug prosecution. If you're looking for juicy insight on the contents of the complaint, check back this weekend.
Earlier this week, former Denver Broncos running back Travis Henry was arrested by the DEA in Denver, Colorado. He is now in the custody of the United States Marshal Service awaiting both a detention hearing and a preliminary hearing, set for October 6, 2008. The criminal complaint in the matter was sworn before United States Magistrate Judge Kristen Mix on October 1, 2008.
What in the world does all this mean?
When an individual is arrested on a federal offense, they are taken into custody by the arresting agency, possibly questioned, then transferred to the care of the United States Marshal Service. The Marshal Service serves a variety of functions, one of which is the care and custody of pre-trial detainees. Mr. Henry will be required to submit a urine sample for drug testing and be interviewed by a pre-trial service officer. Once taken into custody, the government has 72 hours to bring the person in front of a judge for an Initial Appearance. On October 2, 2008, Mr. Henry and his attorney appeared in front of the judge and received a copy of the complaint.
Come Monday, Mr. Henry will have both a preliminary hearing and a detention hearing. The purpose of a preliminary hearing is to establish if there is probable cause to believe a crime has been committed. During this hearing Mr. Henry's attorney will have the opportunity to cross examine the DEA agent on the substance of the complaint. Tactically, this locks the DEA agent into testimony that can be later used if Mr. Henry goes to trial. If probable cause is found, the government may continue on with the case. If the judge finds no probable cause, the government cannot. In federal court, an attorney will prevail on a preliminary hearing rarely, if ever. Once the judge states there is probable cause, the government has thirty days to bring an indictment. The indictment is the formal charges against Mr. Henry. Until the government files that document, Mr. Henry will not know exactly what charges he will have to fight.
The second part of Monday will be the detention hearing. In state court, it's often called a bail hearing. During this hearing the judge will set the amount of bail, if any. In federal court, bail is usually taken in the form of property, instead of cash. This means that an individual will allow the government to place a lien on their house. If the defendant runs away, then the government takes the house. Plain and simple.
However, to set the bail, the judge must determine two things: Mr. Henry's risk of flight and his danger to the community. The flight risk is usually evaluated by a person's ties to the community, length of time living in the community and ties to foreign nations. Danger to the community is often evaluated by taking into account the conduct of the offense and a person's criminal history. Individuals who commit violence or violent threats during the conduct of the offense, or have significant criminal backgrounds, are more likely to be denied bail on these grounds. In Mr. Henry's case, absent any significant criminal history, he will likely be granted bail. At that point he will have to turn in his passport, submit to drug testing and possibly be placed on electronic monitoring (ankle bracelet tracker).
Once the grand jury returns the indictment, which they inevitably will, Mr. Henry will return to court and enter a plea of Not Guilty. Then the fun begins…
