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18 U.S.C. § 3141 — Release and detention authority generally
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
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Stable record: federal_law:legal_authorities:record_usc_af9e4810e3b5da545b2d52c7
Source file: Laws/federal/codes/united-states-code/title-18/section-3141-release-and-detention-authority-generally--861ac211bf.md
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Passage SHA-256: 306bf0a72c4eeca2096d5244aa8b34debe22bea8b40b9f97510a31b1d098add5
Source location: Title 18, Chapter 207, § 3141; chapter-207-release-and-detention-pending-judicial-proceedings.md
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**(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
**(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
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)** 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 636
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)** The Director shall be the administrative officer of the courts, and under the supervision and direction of the Judicial Conference of the United States, shall:
(1) Supervise all administrative matters relating to the offices of clerks and other clerical and administrative personnel of the courts;
(2) Examine the state of the dockets of the courts; secure information as to the courts’ need of assistance; prepare and transmit semiannually to the chief judges of the circuits, statistical data and reports as to the business of the courts;
(3) Submit to the annual meeting of the Judicial Conference of the United States, at least two weeks prior thereto, a report of the activities of the Administrative Office and the state of the business of the courts, together with the statistical data submitted to the chief judges of the circuits under paragraph (a)(2) of this section, and the Director’s recommendations, which report, data and recommendations shall be public documents.
(4) Submit to Congress and the Attorney General copies of the report, data and recommendations required by paragraph (a)(3) of this section;
(5) Fix the compensation of clerks of court, deputies, librarians, criers, messengers, law clerks, secretaries, stenographers, clerical assistants, and other employees of the courts whose compensation is not otherwise fixed by law, and, notwithstanding any other provision of law, pay on behalf of Justices and judges of the United States appointed to hold office during good behavior, United States magistrate judges, bankruptcy judges appointed under chapter 6 of this title, judges of the District Court of Guam, judges of the District Court for the Northern Mariana Islands, judges of the District Court of the Virgin Islands, bankruptcy judges and magistrate j
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 604
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
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3041
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) Release or Detention Pending Sentence.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and who is awaiting imposition or execution of sentence, other than a person for whom the applicable guideline promulgated pursuant to [28 U.S.C. 994](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994&num=0&edition=prelim) does not recommend a term of imprisonment, be detained, unless the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released under section 3142(b) or (c). If the judicial officer makes such a finding, such judicial officer shall order the release of the person in accordance with section 3142(b) or (c).
(2) The judicial officer shall order that a person who has been found guilty of an offense in a case described in subparagraph (A), (B), or (C) of subsection (f)(1) of section 3142 and is awaiting imposition or execution of sentence be detained unless—
(A)
(i) the judicial officer finds there is a substantial likelihood that a motion for acquittal or new trial will be granted; or
(ii) an attorney for the Government has recommended that no sentence of imprisonment be imposed on the person; and
(B) the judicial officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.
**(b) Release or Detention Pending Appeal by the Defendant.—**
(1) Except as provided in paragraph (2), the judicial officer shall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3143
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3144
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3146
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
A person convicted of an offense committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the offense, to—
(1) a term of imprisonment of not more than ten years if the offense is a felony; or
(2) a term of imprisonment of not more than one year if the offense is a misdemeanor.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3147
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in sections 3141–3150 of this chapter—
(1) the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), or the Federal Rules of Criminal Procedure, to detain or release a person before trial or sentencing or pending appeal in a court of the United States, and any judge of the Superior Court of the District of Columbia;
(2) the term “offense” means any criminal offense, other than an offense triable by court-martial, military commission, provost court, or other military tribunal, which is in violation of an Act of Congress and is triable in any court established by Act of Congress;
(3) the term “felony” means an offense punishable by a maximum term of imprisonment of more than one year;
(4) the term “crime of violence” means—
(A) an offense that has as an element of the offense the use, attempted use, or threatened use of physical force against the person or property of another;
(B) any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense; or
(C) any felony under chapter 77, 109A, 110, or 117; and
(5) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
**(b)** As used in sections 3152–3155 of this chapter—
(1) the term “judicial officer” means, unless otherwise indicated, any person or court authorized pursuant to [section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3156
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.