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18 U.S.C. § 3041 — Power of courts and magistrates
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
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Stable record: federal_law:legal_authorities:record_usc_d313f82234365712689d17b7
Source file: Laws/federal/codes/united-states-code/title-18/section-3041-power-of-courts-and-magistrates--19b2a17139.md
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Source location: Title 18, Chapter 203, § 3041; chapter-203-arrest-and-commitment.md
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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
**(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
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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)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts.
**(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless:
(1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo
Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 375, act Apr. 20, 1904, ch. 1400, § 5, 33 Stat. 188, related to offenses under State law. See [section 13 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section13&num=0&edition=prelim), Crimes and Criminal Procedure.
Section 376, acts Apr. 20, 1904, ch. 1400, § 6, 33 Stat. 188; Mar. 2, 1907, ch. 2516, §§ 1, 2, 34 Stat. 1218; Mar. 3, 1911, ch. 230, 36 Stat. 1086; June 24, 1946, ch. 463, § 2, 60 Stat. 303, related to prosecutions for violations of law or rules and regulations. See [section 636 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section636&num=0&edition=prelim), Judiciary and Judicial Procedure.
Section 377, acts Apr. 20, 1904, ch. 1400, § 7, 33 Stat. 188; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch. 463, § 3, 60 Stat. 303, related to issuance of process. See sections 3041 and 3141 of Title 18, Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 378, acts Apr. 20, 1904, ch. 1400, § 8, 33 Stat. 189; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch. 463, § 4, 60 Stat. 303, related to process directed to marshal. See [section 3053 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3053&num=0&edition=prelim), rule 4 of Federal Rules of Criminal Procedure, Title 18, Appendix, and rule 4 of Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure.
Section 379, acts Apr. 20, 1904, ch. 1400, § 9, 33 Stat. 189; Mar. 2, 1907, ch. 2516, § 2, 34 Stat. 1218; June 24, 1946, ch. 463, § 5, 60 Stat. 303, related to fees of commissioner [now magistrate judge]. See [section 634 of Title 28](https://uscode.house
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 375 to 383
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 80e, act Apr. 23, 1946, ch. 202, § 1, 60 Stat. 119, related to appointment and jurisdiction of commissioner. See provisions covering United States magistrate judges in section 631 et seq. of Title 28, Judiciary and Judicial Procedure.
Section 80f, act Apr. 23, 1946, ch. 202, § 2, 60 Stat. 119, related to arrests for violations of rules and petty offenses.
Section 80g, act Apr. 23, 1946, ch. 202, § 3, 60 Stat. 120, related to arrests for criminal offenses, and is now covered by [section 3041 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), Crimes and Criminal Procedure, and rules 4, 5(c), and 9 of Federal Rules of Criminal Procedure, Title 18, Appendix.
Section 80h, act Apr. 23, 1946, ch. 202, § 4, 60 Stat. 120, related to payment and disposition of fees, costs, and expenses.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 80e to 80h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforcement officers; arrests; search and seizure of vessels; disposal of property** Any duly authorized enforcement officer or employee of the Department of Commerce; any Coast Guard officer; any United States marshal or deputy United States marshal; any customs officer; and any other person authorized to enforce the provisions of the convention, the regulations of the Commission, this subchapter, and the regulations of the Secretary of Commerce, shall have power, without warrant or other process but subject to the provisions of the convention, to arrest any person subject to the jurisdiction of the United States committing in his presence or view a violation of the convention or of this subchapter, or of the regulations of the Commission, or of the regulations of the Secretary of Commerce and to take such person immediately for examination before a justice or judge or any other official designated in [section 3041 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim); and shall have power, without warrant or other process, to search any vessel subject to the jurisdiction of the United States or land station when he has reasonable cause to believe that such vessel or land station is engaged in whaling in violation of the provisions of the convention or this subchapter or the regulations of the Commission, or the regulations of the Secretary of Commerce. Any person authorized to enforce the provisions of the convention, this subchapter, the regulations of the Commission, or the regulations of the Secretary of Commerce shall have power to execute any warrant or process issued by an officer or court of competent jurisdiction for the enforcement of this subchapter, and shall have power with a search warran
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 916g
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Federal law — U.S. Code and appendices · legal_authorities
[Section 3041 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim) shall apply in any country where the United States exercises extraterritorial jurisdiction for the arrest and removal therefrom to the United States of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States, and shall also apply throughout the United States for the arrest and removal therefrom to the jurisdiction of any officer or representative of the United States vested with judicial authority in any country in which the United States exercises extraterritorial jurisdiction, of any citizen or national of the United States who is a fugitive from justice charged with or convicted of the commission of any offense against the United States in any country where it exercises extraterritorial jurisdiction.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3042
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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
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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
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 241, R.S. § 2139; acts Feb. 27, 1877, ch. 69, § 1, 19 Stat. 244; July 23, 1892, ch. 234, 27 Stat. 260; June 15, 1938, ch. 435, § 1, 52 Stat. 696, related to sale of intoxicating liquor. See sections 1154 and 1156 of Title 18, Crimes and Criminal Procedure.
Section 241a, act Mar. 1, 1895, ch. 145, § 8, 28 Stat. 697, related to punishment for sale of intoxicating liquors. See [section 1155 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1155&num=0&edition=prelim).
Section 242, acts Mar. 2, 1917, ch. 146, § 17, 39 Stat. 983; June 13, 1932, ch. 245, 47 Stat. 302, related to manufacture and sale of alcohol in Osage County, Oklahoma. See [section 1154 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1154&num=0&edition=prelim).
Section 243, R.S. § 2139, act July 23, 1892, ch. 234, 27 Stat. 261, related to complaints, arrests, and convictions. See [section 3041 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3041&num=0&edition=prelim), and rule 5 of Title 18, Appendix.
Section 244, acts May 25, 1918, ch. 86, § 1, 40 Stat. 563; June 30, 1919, ch. 4, § 1, 41 Stat. 4, related to possession of intoxicating liquor in Indian country. See [section 1156 of Title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1156&num=0&edition=prelim).
Section 244a, act Mar. 5, 1934, ch. 43, 48 Stat. 396, related to repeal of certain liquor laws affecting former Indian Territory now a part of Oklahoma. See sections 1154 to 1156 of Title 18.
Section 245, act May 18, 1916, ch. 125, § 1, 39 Stat. 124, related to possession of intoxicating liquor as prima facie evidence of unlawful production. See sections 3113 and 3488
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 241 to 250
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