; and (IV) any information in their possession that is favorable to the person. (ii) Representation by counsel At the hearing, the person has the right to be represented by counsel, and, if financially unable to obtain adequate representation, to have counsel appointed under section 3006A (without regard to any financial ability to secure representation). (iii) Procedural rights The person shall be afforded an opportunity to testify, to subpoena documents and witnesses, to present witnesses, to cross-examine witnesses who appear at the hearing, and to present information by proffer or otherwise. If the person testifies, the person’s testimony is not admissible in any other criminal proceedings other than as impeachment evidence if the person testifies at trial. (iv) Witness production requirement The attorney for the Government shall support its detention request with the testimony of witnesses, unless the person waives the right to such testimony. (v) Adverse inference If the attorney for the Government fails to comply with the requirements of this subparagraph, the judicial officer may draw an adverse inference that weighs against the attorney for the Government’s detention request. (B) Evidentiary standard The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the hearing, except that hearsay evidence shall not be admitted unless the judicial officer determines that the attorney for the Government has offered a satisfactory explanation for not producing the testifying witness, and that the hearsay evidence is reliable. (5) Factors to be considered at the pretrial release hearing In determining whether there are conditions of release that could reasonably mitigate the risks described in paragraph (3), the judicial officer shall take into account the available information concerning— (A) the history and characteristics of the person, including the person’s character, physical and mental condition, family ties, employment, financial