If providing material support to a designated terrorist organization is a crime of violence as alleged by the Government, a rebuttable presumption arises that the men are a flight risk and a danger to the community, and that no conditions exist that will reasonably assure their presence at trial or the community's safety.

The men will have a chance tomorrow to rebut the presumption. They may testify (almost never done) and they may present witnesses and information. The rules concerning admissibility of evidence in criminal trials do not apply at the hearing. For example, hearsay is allowed.

Here are the factors the Judge must consider in deciding whether the men have rebutted the presumption that they won't appear or pose a danger:

1. Nature and circumstances of the offense charged.
2. Weight of evidence against the accused.
3. Accused's family ties.
4. Employment.
5. Financial resources.
6. Character and mental condition.
7. Length of his residency in the community.
8. Record of convictions.
9. Record of appearance at Court proceedings or flight to avoid prosecution.

Any of the six determined by the Judge to have have rebutted the presumption, must be released subject to the least restrictive conditions sufficient to assure their appearance and the community's safety.

That can be mean anything from a release on the defendant's own recognizance or promise to appear to a variety of conditions, such requiring the person to remain in the custody of a designated person, maintain employment or education, limit travel, avoid contact with an alleged victim, report on a regular basis to a designated law enforcement agency or pre-trial services agency, comply with a curfew restriction, refrain from possessing a firearm or the excessive use of alcohol or narcotics, undergo medical or psychiatric treatment, return to custody for specific hours, or any other necessary condition.

The conditions may include an agreement to forfeit property or money and the posting of property or a percentage of the money required. The defendant may also be required to execute a bail bond with solvent sureties.

Tomorrow, the defense will likely argue that the men have extensive family and community ties, employment waiting, no record of convictions for any crimes of violence, and no record of failing to appear at prior proceedings. They will argue the men are of good character, sound mental condition and are non-violent in nature. They will likely have family members willing to personally secure a bond with money or real property.

The Judge has said he will not be ruling from the bench but taking the matter under advisement. The men will remain in custody until his decision.