1/ In response to some questions about release of some Capitol Hill defendants on bond pending trial, I offer this brief explainer. Detention is governed by the federal Bail Reform Act.

2/ Keep in mind that pretrial, defendants are presumed innocent, and cannot be held to punish them for the crime of which they are accused. Detention is to prevent them from harming others or fleeing.

3/ Defendants get a presumption of release, and the majority are released on bond, a promise to pay a sum if they fail to return, often $10,000. Defendants are detained only if no conditions can ensure their appearance at trial or the safety of the community.

4/ At a detention hearing, the government bears the burden of proving danger to the community by clear and convincing evidence or risk of flight by a preponderance of the evidence.

5/ If the judge finds this burden is not met, she will release the defendant on bond. She may include conditions, like an ankle monitor to reduce risk of flight, or no contact with victims, to reduce risk of harm or obstruction.