The officer conducts a pretrial investigation, gathering and verifying important information about the defendant and the defendant’s suitability for pretrial release. The investigation begins when the officer is first informed that a defendant has been arrested. The arresting or case agent calls the pretrial services office and, ideally, provides helpful information about the defendant and the circumstances surrounding the arrest.

As part of the investigation, the officer interviews the defendant to find out about the defendant’s activities, living situation, and employment or source of support.  Before the interview, the officer completes a criminal history check and, if possible, speaks to the assistant U.S. attorney about the charges and the government’s position as to whether to release or detain the defendant.

The interview may take place in the U.S. marshal’s holding cell, the arresting law enforcement agency’s office, the local jail, or the pretrial services office. During the interview, the officer talks to the defendant in private if possible, remains objective during the interaction, and explains that the information will be used to

decide whether the defendant will be released or detained. The officer does not discuss the alleged offense or the defendant’s guilt or innocence and does not give the defendant legal advice or recommend an attorney.

The officer must verify the information received from the defendant. What the officer learns from collateral sources–from other persons, from documents, and from on-line research–may confirm what the defendant said, contradict it, or provide something more.

The officer’s research may include contacting the defendant’s family and associates to confirm background information, employers to verify employment, law enforcement agencies to obtain a criminal history, and financial institutions to obtain bank or credit card statements.

Conducting the investigation in time for the defendant’s initial appearance in court can be quite a challenge. Sometimes the officer must wait for the arresting agents to make the defendant available or for the U.S. marshals to finish processing the defendant.

Sometimes the defense counsel is interviewing the defendant or tells the defendant not to answer the officer’s questions. Sometimes the officer must wait for an interpreter or for an interview room.   Sometimes verifying information is difficult because the defendant gives false information or a false identity or because persons able to verify information are not available.