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18 U.S.C. § 3146 — Penalty for failure to appear

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3146 — Penalty for failure to appear

**(a) Offense.—** Whoever, having been released under this chapter knowingly— (1) fails to appear before a court as required by the conditions of release; or (2) fails to surrender for service of sentence pursuant to a court order; shall be punished as provided in subsection (b) of this section. **(b) Punishment.—** (1) The punishment for an offense under this section is— (A) if the person was released in connection with a charge of, or while awaiting sentence, surrender for service of sentence, or appeal or certiorari after conviction for— (i) an offense punishable by death, life imprisonment, or imprisonment for a term of 15 years or more, a fine under this title or imprisonment for not more than ten years, or both; (ii) an offense punishable by imprisonment for a term of five years or more, a fine under this title or imprisonment for not more than five years, or both; (iii) any other felony, a fine under this title or imprisonment for not more than two years, or both; or (iv) a misdemeanor, a fine under this title or imprisonment for not more than one year, or both; and (B) if the person was released for appearance as a material witness, a fine under this chapter or imprisonment for not more than one year, or both. (2) A term of imprisonment imposed under this section shall be consecutive to the sentence of imprisonment for any other offense. **(c) Affirmative Defense.—** It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ce

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Source file: Laws/federal/codes/united-states-code/title-18/section-3146-penalty-for-failure-to-appear--f7fa78b4ee.md
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Source location: Title 18, Chapter 207, § 3146; chapter-207-release-and-detention-pending-judicial-proceedings.md

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3141 — Release and detention authority generally

**(a) Pending Trial.—** A judicial officer authorized to order the arrest of a person under [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim) before whom an arrested person is brought shall order that such person be released or detained, pending judicial proceedings, under this chapter. **(b) Pending Sentence or Appeal.—** A judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3041 — Power of courts and magistrates

For any offense against the United States, the offender may, by any justice or judge of the United States, or by any United States magistrate judge, or by any chancellor, judge of a supreme or superior court, chief or first judge of the common pleas, mayor of a city, justice of the peace, or other magistrate, of any state where the offender may be found, and at the expense of the United States, be arrested and imprisoned or released as provided in chapter 207 of this title, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. Copies of the process shall be returned as speedily as may be into the office of the clerk of such court, together with the recognizances of the witnesses for their appearances to testify in the case.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 636 — Jurisdiction, powers, and temporary assignment

**(a)** Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law— (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts; (2) the power to administer oaths and affirmations, issue orders pursuant to [section 3142 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions; (3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section; (4) the power to enter a sentence for a petty offense; and (5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented. **(b)** (1) Notwithstanding any provision of law to the contrary— (A) a judge may designate a magistrate judge to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate judge’s order is clearly erroneous or contrary

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 20101 — Crime Victims Fund

**(a) Establishment** There is created in the Treasury a separate account to be known as the Crime Victims Fund (hereinafter in this subchapter referred to as the “Fund”). **(b) Fines deposited in Fund; penalties; forfeited appearance bonds** Except as limited by subsection (c), there shall be deposited in the Fund— (1) all fines that are collected from persons convicted of offenses against the United States except— (A) fines available for use by the Secretary of the Treasury pursuant to— (i) section 11(d) of the Endangered Species Act ([16 U.S.C. 1540(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/d&num=0&edition=prelim)); and (ii) section 6(d) of the Lacey Act Amendments of 1981 ([16 U.S.C. 3375(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3375/d&num=0&edition=prelim)); and (B) fines to be paid into— (i) the railroad unemployment insurance account pursuant to the Railroad Unemployment Insurance Act ([45 U.S.C. 351](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section351&num=0&edition=prelim) et seq.); (ii) the Postal Service Fund pursuant to sections 2601(a)(2) and 2003 of title 39 and for the purposes set forth in [section 404(a)(7) of title 39](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section404/a/7&num=0&edition=prelim); (iii) the navigable waters revolving fund pursuant to section 311 of the Federal Water Pollution Control Act ([33 U.S.C. 1321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1321&num=0&edition=prelim)); and (iv) county public school funds pursuant to [section 3613 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3613&num

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 20101

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3146 — Penalty for failure to appear

Page 723 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3146 § 3144. Release or detention of a material witness If it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the pres- ence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of sec- tion 3142 of this title. No material witness may be detained because of inability to comply with any condition of release if the testimony of such witness can adequately be secured by deposition, and if further detention is not necessary to pre- vent a failure of justice. Release of a material witness may be delayed for a reasonable period of time until the deposition of the witness can be taken pursuant to the Federal Rules of Criminal Procedure. (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e), Nov. 10, 1986, 100 Stat. 3609.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to this title. PRIOR PROVISIONS A prior section 3144, act June 25, 1948, ch. 645, 62 Stat. 821, related to cases removed from State courts, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473. AMENDMENTS 1986—Pub. L. 99–646 substituted ‘‘subpoena’’ for ‘‘sub- pena’’ and inserted ‘‘of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–646 effective 30 days after Nov. 10, 1986, see section 55(j) of Pub. L. 99–646, set out as a note under section 3141 of this title. § 3145. Review and appeal of a release or deten

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3146

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