In rare instances, persons not charged with a crime may be detained, or ordered to post bond. A material witness is subject to arrest and federal release and detention laws it is shown that a subpoena is not sufficient to secure the person’s presence in court.
A defendant who was released prior to trial on his or her own recognizance may, if convicted, be required to post a bond during the appeal process or pending sentencing. A court may also determine detention is required. Release is generally appropriate in cases where no sentence of imprisonment is likely, if acquittal or a motion for a new trial is likely, or where the court finds by clear and convincing evidence that a person is not likely to flee or pose a danger.