Bryan v. United States

In ordering Cleveland Bryan detained without bond until his trial, the motions judge relied on a statutory presumption of dangerousness. That presumption properly arises only when the judge is able to find by a “substantial probability” that the defendant committed a crime of violence while armed with a firearm. See D.C.Code § 23-1322(c) (2001). A higher standard of proof than probable cause, “substantial probability” calls upon the judge to determine after an adversary hearing whether the prosecution is likely to succeed in proving the charged offense at trial. This appears to be the first…