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18 U.S.C. § 3148 — Sanctions for violation of a release condition

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

18 U.S.C. § 3148 — Sanctions for violation of a release condition

**(a) Available Sanctions.—** A person who has been released under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim), and who has violated a condition of his release, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court. **(b) Revocation of Release.—** The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of release, shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— (1) finds that there is— (A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2) finds that— (A) based on the factors set forth in [section 3142(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142/g&num=0&edition=prelim), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any o

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3148

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Stable record: federal_law:legal_authorities:record_usc_47c5a4e2606d20678db6dab1
Source file: Laws/federal/codes/united-states-code/title-18/section-3148-sanctions-for-violation-of-a-release-condition--8a96153c52.md
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Passage SHA-256: 7b6ad94bc283467a8827adce91a43aac83faeede65173df3b2690fcfd5eb2e44

Source location: Title 18, Chapter 207, § 3148; chapter-207-release-and-detention-pending-judicial-proceedings.md

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**(a) Available Sanctions.—** A person who has been released under [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim), and who has violated a condition of his release, is subject to a revocation of release, an order of detention, and a prosecution for contempt of court. **(b) Revocation of Release.—** The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a motion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s arrest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of release, shall be brought before the judicial officer who ordered the release and whose order is alleged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— (1) finds that there is— (A) probable cause to believe that the person has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2) finds that— (A) based on the factors set forth in [section 3142(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142/g&num=0&edition=prelim), there is no condition or combination of conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community; or (B) the person is unlikely to abide by any condition or combination of conditions of release. If there is probable cause to believe that, while on release, the person committed a Federal, State, or local felony, a rebuttable presumption arises that no condition or combination of conditions will assure that the person will not pose a danger to the safety of any other person or the community. If the judicial officer finds that there are conditions of release that will assure that the person will not flee or pose a danger to the safety of any other person or the community, and that the person will abide by such conditions, the judicial officer shall treat the person in accordance with the provisions of [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim) and may amend the conditions of release accordingly. **(c) Prosecution for Contempt.—** The judicial officer may commence a prosecution for contempt, under [section 401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section401&num=0&edition=prelim), if the person has violated a condition of release.

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

18 U.S.C. § 3142 — Release or detention of a defendant pending trial

**(a) In General.—** Upon the appearance before a judicial officer of a person charged with an offense, the judicial officer shall issue an order that, pending trial, the person be— (1) released on personal recognizance or upon execution of an unsecured appearance bond, under subsection (b) of this section; (2) released on a condition or combination of conditions under subsection (c) of this section; (3) temporarily detained to permit revocation of conditional release, deportation, or exclusion under subsection (d) of this section; or (4) detained under subsection (e) of this section. **(b) Release on Personal Recognizance or Unsecured Appearance Bond.—** The judicial officer shall order the pretrial release of the person on personal recognizance, or upon execution of an unsecured appearance bond in an amount specified by the court, subject to the condition that the person not commit a Federal, State, or local crime during the period of release and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 ([42 U.S.C. 14135a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14135a&num=0&edition=prelim)),11 See References in Text note below. unless the judicial officer determines that such release will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or the community. **(c) Release on Conditions.—** (1) If the judicial officer determines that the release described in subsection (b) of this section will not reasonably assure the appearance of the person as required or will endanger the safety of any other person or

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3142

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

18 U.S.C. § 401 — Power of court

A court of the United States shall have power to punish by fine or imprisonment, or both, at its discretion, such contempt of its authority, and none other, as— (1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of its officers in their official transactions; (3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 401

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3141

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

18 U.S.C. § 3148 — Sanctions for violation of a release condi-

Page 725 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3150 EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title. § 3148. Sanctions for violation of a release condi- tion (a) AVAILABLE SANCTIONS.—A person who has been released under section 3142 of this title, and who has violated a condition of his release, is subject to a revocation of release, an order of de- tention, and a prosecution for contempt of court. (b) REVOCATION OF RELEASE.—The attorney for the Government may initiate a proceeding for revocation of an order of release by filing a mo- tion with the district court. A judicial officer may issue a warrant for the arrest of a person charged with violating a condition of release, and the person shall be brought before a judicial officer in the district in which such person’s ar- rest was ordered for a proceeding in accordance with this section. To the extent practicable, a person charged with violating the condition of release that such person not commit a Federal, State, or local crime during the period of re- lease, shall be brought before the judicial officer who ordered the release and whose order is al- leged to have been violated. The judicial officer shall enter an order of revocation and detention if, after a hearing, the judicial officer— (1) finds that there is— (A) probable cause to believe that the per- son has committed a Federal, State, or local crime while on release; or (B) clear and convincing evidence that the person has violated any other condition of release; and (2) finds that— (A) based on the fa

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3148

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