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18 U.S.C. § 3144 — Release or detention of a material witness
Federal law — U.S. Code and appendices · legal_authorities
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 presence 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 [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim). 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 prevent 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.
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Stable record: federal_law:legal_authorities:record_usc_af1531c9ecc9b4755746f21a
Source file: Laws/federal/codes/united-states-code/title-18/section-3144-release-or-detention-of-a-material-witness--d16b97e56b.md
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Source location: Title 18, Chapter 207, § 3144; chapter-207-release-and-detention-pending-judicial-proceedings.md
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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 presence 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 [section 3142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3142&num=0&edition=prelim). 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 prevent 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section.
(2) As used in this section, the term “court of the United States” includes, in addition to the courts listed in [section 451 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim), any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States.
**(b)** A witness shall be paid an attendance fee of $40 per day for each day’s attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance.
**(c)**
(1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness’s residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished.
(2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to [section 5704 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5704&num=0&edition=prelim), for official travel of employ
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1821
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Federal law — U.S. Code and appendices · legal_authorities
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. § 3144
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.