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In a case described in subsection (f)(1) of this section, a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that— the person has been convicted of a Federal offense that is described in subsection (f)(1) of this section, or of a State or local offense that would have been an offense described in subsection (f)(1) of this section if a circumstance giving rise to Federal jurisdiction had existed; Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed— an offense for which a maximum term of imprisonment of ten years or more is prescribed in the Controlled Substances Act (21 U. At the hearing, such person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed. 110–457, § 222(a)(6), substituted “committed—” for “committed”, “46;” for “46,”, “title;” for “title, or”, and “10 years or more is prescribed;” for “10 years or more is prescribed or”, inserted subpar. The person shall be afforded an opportunity to testify, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. (A), (B), (C), and (E) designations, and added subpar. Bail may be imposed at or after the initial appearance only upon a finding by the court that there is a reasonable basis to believe that bail is necessary to assure appearance in court. In determining whether any conditions of release are appropriate, the judge shall first consider the likelihood of the defendant appearing for trial if released on his or her own recognizance. The conditions that a court is authorized to impose under this section and s.
Intimidating or tampering with a witness involves trying to get a witness to lie, say certain things under oath, alter or destroy evidence, or not testify or cooperate with authorities at all.Bahula testified that Mlotshwa had received a call offering him a bribe for dropping the charges against the two men."On 11 November the victim received a call from an 074 number but the caller never identified himself‚ and the caller instructed Victor that they should meet at the main gate of Komati power station. He refused."The following day‚ the victim claimed that he received another call from a private number. He said 'I've been asked by the accused to ask you to withdraw the case and they will pay you R10‚000‚" she told the court.Bahula was also concerned about the safety of Oosthuisen and Jackson.The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing. The facts the judicial officer uses to support a finding pursuant to subsection (e) that no condition or combination of conditions will reasonably assure the safety of any other person and the community shall be supported by clear and convincing evidence. 110–457, § 222(a)(5), substituted “subparagraph (A)” for “paragraph (1) of this subsection”.