3rd party custodian

Bankruptcy and Debt 9 views 5 answers
Who can act as 3rd party custodian for a federal defendant for pretrial release for electronic home monitoring

Attorney Answers

5
Bobby Bollinger ·
I moved this to the "criminal defense" category for you. I think that will make it more likely that you get an answer.
0 upvotes
Douglas Carasso ·
18 US Code section 3142(c)(1)(B)(i) states that the custodian must agree "to assume supervision and to report any violation of a release condition to the court, if the designated person is able reasonably to assure the judicial officer that the person will appear as required and will not pose a danger to the safety of any other person or the community." But as to who that person may be may depend on the requirements of your region's federal court and its local rules. So, please contact an attorney in your area with federal and criminal procedural knowledge. You can contact your local county's Bar Association for assistance in this regard.
0 upvotes
Ryan Stump ·
In my experience, the ability to offer a family member as custodian is your best bet. There are a number of factors the court will look at to determine suitability. For example, stability in the home, criminal record, if any, for the custodian, was the defendant living in the same home when the alleged crime was committed, willingness of the custodian to report any new criminal acts of the defendant while in the home, the amount of time the custodian can dedicate to supervision (ex. A custodian who is a retiree v.s. a custodian who works long hours), etc.
0 upvotes
William Steed ·
As other attorneys in this forum have noted, a "third party custodian" is a person who vouches for a defendant in federal court, in order to help the defendant gain release on federal pre-trial supervision while the case is pending. Any citizen can act as a third party custodian if approved by the court, but a court will be most likely to grant pre-trial release to a third party custodian who is willing to allow federal pre-trial officers to visit the home, who does not have a significant criminal history, and who is familiar with the defendant. Third party custodians assume significant responsibilities, and will likely have intrusions on their privacy as a result of agreeing to serve in that capacity (such as home searches during pre-trial supervision and contacts with the federal probation officer). An experienced defense attorney will work with a defendant to determine possible third parties that are suitable, and will work with the custodian to answer any questions or concerns.
0 upvotes

People Also Asked