Will You Be Detained Before Trial? Federal Pretrial Detention Rates by District
How often does a federal court detain a defendant before trial, and how much does it vary from one district to the next? This tool maps the measured pretrial detention rate for all 93 U.S. district courts, estimates how the charge and prior record shift the odds, and lays out the factors a judge weighs under the Bail Reform Act. If you are trying to understand your own case, start with whether you can get a bond on federal charges and what happens at a federal detention hearing.
Pick any federal district, the most serious charge, and prior record. The first figure is that district's own measured detention rate. The second estimates how the charge and record shift it. Below, compare the prosecutor's and Pretrial Services' recommendations and weigh the factors the court must consider.
Each shape is one federal district, shaded by how often its courts detain people until trial. Heavy lines are state borders; lighter lines divide the districts within a state. A letter marks each district in a state that has more than one (N, S, E, W, plus M for Middle and C for Central); a state with no letter is a single district. Tap your district, or use the search and menus below. The four island districts (Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands) are in the list below; the District of Columbia is not in this dataset.
These are district averages, not a prediction about your case. The numbers describe how often federal courts in each district detain people in broad charge categories. They cannot tell any one person what will happen at their hearing, which turns on facts a calculator does not see.
Each figure covers the entire district, every division and courthouse within it. Covers all 93 reporting districts; the District of Columbia is not included in this data.
District detention rate
Adjusted estimate
This compares two recommendations in each district: how often the prosecutor sought release, and how often the court's neutral Pretrial Services officer recommended it. Because prosecutors almost always lean toward detention, a wide gap means the officer's independent assessment diverged from the government's position, which is useful context your lawyer can cite. But be clear on what it is not. A favorable report does not secure release, judges detain people despite favorable reports, and in a presumption case the report cannot rebut the presumption for you. You carry a burden of production that only real evidence can satisfy: documented ties, employment, a concrete release plan, a third-party custodian.
These two figures are district-wide averages across all charges and criminal histories. Unlike the estimate above, they do not change with the charge or prior record you select.
Recommendations made at the initial stage, not the judge's final order, illegal-alien cases excluded (AO Table H-3B, FY2024-2025 pooled). District-wide averages across all charges and criminal histories.
Federal law requires the judge to weigh four sets of factors under 18 U.S.C. 3142(g), and Pretrial Services scores most of them on the PTRA risk instrument before your first hearing. Read down each list and see where you stand. No percentages, because the law forbids treating any one factor as decisive, and neither should a calculator.
1. The charge itself
- ↑ A presumption charge: drug trafficking with a 10-year maximum, a firearm offense, a crime of violence, terrorism, or a minor victim. The law presumes detention. To overcome it you must come forward with real evidence, the favorable factors below, not just point to the Pretrial Services report.
- ↓ A non-presumption charge: most fraud, regulatory, and simple-possession offenses. The ordinary presumption of release applies.
2. The weight of the evidence
- ↑ Strong, documented government proof, recorded statements, controlled buys, cooperators.
- ↓ Thin, contested, or suppressible evidence, identity or knowledge genuinely in dispute.
3. Your history and characteristics
- ↓ Steady employment and a place in the community that release would let you keep.
- ↓ Long-term local residence and strong family ties in the district.
- ↓ No prior record, or a minor and dated one.
- ↓ A clean record of court appearances, you have always shown up.
- ↓ A viable third-party custodian and a stable place to live.
- ↑ Prior convictions, especially felony, violent, or drug convictions.
- ↑ On probation, parole, or supervised release when arrested, the statute names this directly.
- ↑ An active warrant or pending charges in another case.
- ↑ Prior failures to appear, which measurably lower release.
- ↑ A history of substance abuse that is untreated.
- ↑ Means and reason to flee, foreign ties, assets abroad, a passport, weak local roots.
4. Danger to the community
- ↑ Allegations of violence, weapons, or threats to witnesses or victims.
- ↓ A nonviolent offense with no allegation that release endangers anyone.
This guide is educational, not legal advice and not an individualized assessment. The factors interact, the government argues them aggressively, and only a lawyer can marshal yours into the record at the hearing, which happens within days of arrest.
Before your first hearing, the Pretrial Services officer scores you on the federal Pretrial Risk Assessment (PTRA), an actuarial tool that rates eleven items and sorts the result into one of five risk levels. The exact point values are not public, so this is what the officer weighs, not a score you can compute.
- Prior felony convictions.weighs most The number of prior felony convictions, the most predictive of the criminal-history measures.
- Pending charges at arrest. Whether a felony or misdemeanor case was already pending against you when you were arrested.
- Prior failures to appear.weighs most Any past instances of missing a required court appearance.
- The current offense. The type of charge you are facing now.
- Seriousness of the current offense. Its class or severity.
- Employment. Whether you were employed at the time of arrest.
- Substance abuse. A history of drug abuse.
- Age. Your age, which the data links to the risk of pretrial failure.
- Citizenship. Whether you are a United States citizen.
- Education. Your highest level of educational attainment.
- Residence. Whether you own your home, a measure of residential stability.
Source: the federal Pretrial Risk Assessment (PTRA), developed and revalidated by the Administrative Office's Office of Probation and Pretrial Services (Lowenkamp and Whetzel, 2009; Federal Probation, 2024). Alcohol abuse and broader foreign-ties measures were tested and deliberately left unscored. The PTRA informs the officer's recommendation; it does not dictate it, and it does not bind the judge.
In the federal system, whether you are held before trial is decided at a detention hearing under 18 U.S.C. 3142(f), usually within a few days of arrest and often at or just after your first appearance. The judge is not deciding guilt. The question is narrower: whether any condition or set of conditions of release will reasonably assure that you appear in court and that the community is safe.
The government must prove risk of flight by a preponderance of the evidence and danger to the community by clear and convincing evidence. In certain cases, most often serious drug and firearm charges, the law begins with a presumption of detention, which shifts to you the burden of producing real evidence for release. A favorable Pretrial Services report helps, but it does not carry that burden by itself, and judges detain people every day despite favorable reports.
Because the hearing comes so fast, and so much turns on what makes it into the record in those first days, this is one of the few moments in a federal case where early, prepared representation changes the outcome.
The share of defendants detained and never released before trial, from highest to lowest, with how often the neutral Pretrial Services officer and the prosecutor recommended release. Figures pool the two most recent fiscal years (FY2024 and FY2025) and exclude illegal-alien cases. An asterisk marks a low-volume district.
| # | Federal district | Detained before trial | Pretrial Services rec. release | Prosecutor rec. release |
|---|---|---|---|---|
| 1 | Eastern District of Tennessee | 82% | 13% | 13% |
| 2 | Southern District of Iowa | 76% | 31% | 15% |
| 3 | District of Wyoming | 74% | 25% | 3% |
| 4 | Western District of Missouri | 70% | 36% | 20% |
| 5 | Eastern District of Kentucky | 70% | 30% | 25% |
| 6 | Middle District of North Carolina | 69% | 40% | 21% |
| 7 | Southern District of Indiana | 69% | 34% | 24% |
| 8 | Western District of North Carolina | 67% | 37% | 28% |
| 9 | Eastern District of Missouri | 67% | 36% | 28% |
| 10 | District of South Dakota | 66% | 37% | 16% |
| 11 | District of New Mexico | 66% | 36% | 24% |
| 12 | Eastern District of Texas | 66% | 37% | 26% |
| 13 | Western District of Louisiana | 65% | 36% | 34% |
| 14 | Western District of Texas | 65% | 59% | 18% |
| 15 | District of Delaware* | 65% | 38% | 38% |
| 16 | Middle District of Tennessee | 65% | 29% | 20% |
| 17 | Northern District of Iowa | 64% | 40% | 21% |
| 18 | Eastern District of Oklahoma | 64% | 37% | 13% |
| 19 | District of Utah | 64% | 36% | 19% |
| 20 | Eastern District of Louisiana | 63% | 40% | 28% |
| 21 | Eastern District of Pennsylvania | 63% | 47% | 32% |
| 22 | Eastern District of North Carolina | 62% | 45% | 25% |
| 23 | District of Puerto Rico | 61% | 41% | 17% |
| 24 | Eastern District of Washington | 61% | 30% | 11% |
| 25 | Central District of Illinois | 60% | 32% | 27% |
| 26 | Northern District of New York | 60% | 32% | 25% |
| 27 | Southern District of Mississippi | 60% | 31% | 29% |
| 28 | Western District of Tennessee | 60% | 34% | 26% |
| 29 | District of Colorado | 60% | 36% | 25% |
| 30 | Middle District of Florida | 60% | 54% | 34% |
| 31 | Western District of Kentucky | 60% | 37% | 24% |
| 32 | Northern District of Texas | 58% | 49% | 31% |
| 33 | Northern District of Indiana | 57% | 40% | 29% |
| 34 | District of Nebraska | 56% | 39% | 26% |
| 35 | Northern District of Florida | 56% | 43% | 35% |
| 36 | Western District of Michigan | 56% | 66% | 34% |
| 37 | Middle District of Pennsylvania | 56% | 37% | 35% |
| 38 | Western District of Pennsylvania | 56% | 48% | 39% |
| 39 | Middle District of Louisiana* | 56% | 60% | 34% |
| 40 | Eastern District of California | 55% | 41% | 24% |
| 41 | District of Kansas | 55% | 42% | 34% |
| 42 | Southern District of Texas | 55% | 47% | 35% |
| 43 | District of Idaho | 55% | 37% | 32% |
| 44 | Southern District of West Virginia | 54% | 43% | 30% |
| 45 | Middle District of Georgia | 53% | 37% | 33% |
| 46 | Southern District of Illinois | 53% | 50% | 28% |
| 47 | Middle District of Alabama | 53% | 54% | 35% |
| 48 | Western District of New York | 53% | 51% | 30% |
| 49 | District of Hawaii | 52% | 55% | 21% |
| 50 | District of Minnesota | 52% | 54% | 32% |
| 51 | Western District of Virginia | 51% | 36% | 34% |
| 52 | District of Oregon | 50% | 59% | 32% |
| 53 | Southern District of Ohio | 50% | 69% | 42% |
| 54 | District of Vermont | 50% | 37% | 24% |
| 55 | District of South Carolina | 49% | 49% | 39% |
| 56 | Northern District of Oklahoma | 49% | 36% | 28% |
| 57 | Southern District of Georgia | 49% | 39% | 38% |
| 58 | Southern District of Alabama | 49% | 42% | 38% |
| 59 | Eastern District of Michigan | 49% | 61% | 42% |
| 60 | Northern District of Mississippi | 49% | 29% | 42% |
| 61 | Eastern District of Virginia | 48% | 55% | 37% |
| 62 | Northern District of Ohio | 48% | 50% | 39% |
| 63 | Southern District of New York | 48% | 61% | 50% |
| 64 | District of New Hampshire | 46% | 71% | 50% |
| 65 | District of Alaska | 45% | 49% | 29% |
| 66 | District of Arizona | 44% | 58% | 39% |
| 67 | Southern District of California | 43% | 79% | 61% |
| 68 | Northern District of Illinois | 43% | 65% | 45% |
| 69 | District of North Dakota | 42% | 65% | 46% |
| 70 | Eastern District of Wisconsin | 42% | 66% | 47% |
| 71 | District of Massachusetts | 42% | 70% | 49% |
| 72 | Southern District of Florida | 42% | 66% | 53% |
| 73 | Central District of California | 42% | 53% | 35% |
| 74 | District of the Virgin Islands* | 42% | 45% | 47% |
| 75 | Western District of Oklahoma | 41% | 56% | 52% |
| 76 | Northern District of California | 41% | 57% | 38% |
| 77 | Western District of Wisconsin* | 41% | 61% | 52% |
| 78 | District of Maine | 41% | 69% | 47% |
| 79 | District of Connecticut | 40% | 66% | 44% |
| 80 | District of Montana | 40% | 47% | 42% |
| 81 | District of New Jersey | 40% | 66% | 51% |
| 82 | Eastern District of New York | 40% | 62% | 47% |
| 83 | Eastern District of Arkansas | 39% | 58% | 40% |
| 84 | District of Maryland | 38% | 57% | 45% |
| 85 | District of Nevada | 38% | 70% | 42% |
| 86 | District of Rhode Island* | 38% | 72% | 39% |
| 87 | Northern District of West Virginia | 37% | 53% | 53% |
| 88 | Western District of Washington | 36% | 55% | 50% |
| 89 | District of the N. Mariana Islands* | 35% | 74% | 61% |
| 90 | Northern District of Georgia | 34% | 57% | 46% |
| 91 | Northern District of Alabama | 34% | 61% | 55% |
| 92 | Western District of Arkansas | 23% | 76% | 54% |
| 93 | District of Guam* | 22% | 66% | 55% |
Can you bond out on federal charges?+
If you get a federal indictment, can you bond out?+
What is a detention hearing in federal court?+
Does a presumption of detention mean I will be detained?+
Can the judge detain me even if Pretrial Services recommends release?+
How long can you be held before trial in federal court?+
Sources and method +
The measured detention figure is the share of defendants in that district detained and never released, from the Administrative Office of the U.S. Courts, Table H-14B, the two most recent years (FY2024 and FY2025) pooled by summing counts, excluding illegal-alien cases. Real, measured data.
The adjusted estimate starts from the district's own measured rate, then applies the relative effect of the charge and prior record using the Bureau of Justice Statistics joint breakdown of detention by offense and number of prior convictions (BJS, FY2011-18, Table 3). Because that table reports each charge and each record level together, the estimate reflects how those two facts interact, rather than treating them as independent. The district rate is current (FY2024 and FY2025 pooled); the charge and record structure uses FY2011-18 because that is the most recent comprehensive federal breakdown published. Charges that carry a statutory presumption of detention under 18 U.S.C. 3142(e), drug trafficking, crimes of violence, and firearm offenses, are flagged for the reader, and the presumption's effect is already reflected in those observed rates. A serious charge plus a heavy record therefore sits near the top of the plausible range, not at a precise point.
The contestability figures are the share of cases in which the neutral Pretrial Services Officer and the prosecutor each recommended release, from AO Table H-3B, FY2024 and FY2025 pooled, excluding illegal-alien cases. These are recommendations at the initial stage, not the judge's final ruling, and are district-wide rather than charge-specific.
The factor guide lists the statutory factors at 18 U.S.C. 3142(g) and the items scored on the federal Pretrial Risk Assessment. Directions are shown, never weights, because the law forbids treating any single factor as dispositive.
Primary sources (official)
- 18 U.S.C. 3142, release or detention of a defendant pending trial, the federal detention statute (U.S. Code, Office of the Law Revision Counsel).
- Administrative Office of the U.S. Courts, Judicial Business Table H-14B, pretrial detention outcomes by district, the measured detention rate.
- Administrative Office of the U.S. Courts, Judicial Business Table H-3B, release recommendations by district, the Pretrial Services and prosecutor figures.
- Bureau of Justice Statistics, Pretrial Release and Misconduct in Federal District Courts, FY2011-18 (NCJ 252837), the offense and criminal-history effects.
- Federal Probation, revalidation of the federal Pretrial Risk Assessment (PTRA) (2024), the eleven scored factors.
- Lowenkamp and Whetzel, development of the federal PTRA (2009), the original construction study.
This page is general information about how federal courts decide detention. It is not legal advice, it is not an individualized risk assessment, and it does not predict any single case.
Facing a federal detention hearing?
The detention hearing happens within days of arrest, and what goes into the record in that short window often decides whether you wait for trial at home or in custody. Michael Lowe is a board certified criminal defense attorney and former Dallas County prosecutor with more than 150 jury trials. Based in Dallas, Texas, he represents people in federal criminal cases across the country, from the first detention hearing through trial.
If you or someone you love is facing a federal charge, the time to prepare for the detention hearing is now, not after it.
Comments are welcomed here and I will respond to you -- but please, no requests for personal legal advice here and nothing that's promoting your business or product. Comments are moderated and these will not be published.
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