What are the factors used by the Court to determine whether a person charged with a serious drug offence should not be released from a maximum security prison?

MultiRegion, United States of America

The following excerpt is from United States v. Blanco, No. 14-1700-cr (2nd Cir. 2014):

person"; and (4) "the nature and seriousness of the danger to any person or the community that would be posed by the person's release." Id. 3142(g). Where, as here, a defendant is charged with a serious drug offense, a rebuttable presumption arises that "no condition or combination of conditions will reasonably assure" his appearance or "the safety of any other person and the community." Id. ; see United States v. English, 629 F.3d at 319. Even with this presumption, however, "the government retains the ultimate burden of persuasion by clear and convincing evidence that the defendant presents a danger to the community, and by the lesser standard of a preponderance of the evidence that the defendant presents a risk of flight." United States v. English, 629 F.3d at 319 (internal quotation marks omitted).

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