U.S. Code
»
Title 18
» Part PART II— CRIMINAL PROCEDURE › Chapter CHAPTER 207— RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS
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, 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, 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 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, if the person has violated a condition of release.(Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1983; amended Pub. L. 99–646, § 55(a), (h), Nov. 10, 1986, 100 Stat. 3607, 3610.)Editorial NotesPrior ProvisionsA prior section 3148, added Pub. L. 89–465, § 3(a), June 22, 1966, 80 Stat. 215; amended Pub. L. 91–452, title X, § 1002, Oct. 12, 1970, 84 Stat. 952, related to release in capital cases or after conviction, prior to repeal in the revision of this chapter by section 203(a) of Pub. L. 98–473.
Amendments1986—Subsec. (a). Pub. L. 99–646, § 55(a), (h)(1), substituted “under section 3142 of this title” for “pursuant to the provisions of section 3142”.
Subsec. (b). Pub. L. 99–646, § 55(h)(2), in introductory provision, substituted “such person’s arrest” for “his arrest”, “condition of release that such person not commit” for “condition of his release that he not commit”, and “period of release,” for “period of release”, in par. (1)(B) substituted “condition of release” for “condition of his release”, in par. (2)(A) inserted “of this title” after “section 3142(g)”, and in concluding provision, substituted “the judicial officer shall” for “he shall” and inserted “of this title” after “section 3142”.
Subsec. (c). Pub. L. 99–646, § 55(a), (h)(3), substituted “judicial officer” for “judge”, “under section 401 of this title” for “pursuant to the provisions of section 401”, and “condition of release” for “condition of his release”.
Statutory Notes and Related SubsidiariesEffective Date of 1986 AmendmentAmendment 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.
Notes of Decisions
United States v. Zu Quan Zhu, 215 F.R.D. 21 (D. Mass. 2003).
· cites it 11× “Resolving the issue involves determining the interplay between the statute governing revocation of release, 18 U.S.C. § 3148 , and the Federal Rules of Criminal Procedure.”
Reno v. Koray, 515 U.S. 50 (1995).
· cites it 2× “A defendant who is "released" is not in BOP's custody, and he cannot be summarily reassigned to a different place of confinement unless a judicial officer revokes his release, see 18 U. S. C. § 3148 (b), or modifies the conditions of his release, see § 3142(c)(3).”
United States v. James \Jimmie\" Earl Aron", 904 F.2d 221 (5th Cir. 1990).
· cites it 7× “See 18 U.S.C. § 3148 . On appeal to this court, Cook seeks revocation of the order of detention on the grounds that proper procedures were not followed and that he was denied the right to confront his accusers.”
United States v. Mark Allan Bayko, 774 F.2d 516 (1st Cir. 1985).
· cites it 4× “§§ 3145 , 3731 (1985), 2 contain no standard of appellate review, as was also the case under the provisions previously in effect, 3 18 U.S.C. § 3148 (repealed 1984), 4 *519 and, up until now, we have not had to consider what standard of review should be used.”
United States v. Stanton Miller & Robert Miller, 753 F.2d 19 (3rd Cir. 1985).
· cites it 3× “Ex Post Facto Claim Appellants contend that because all of the criminal events alleged in the indictment took place between September 1971 and February 1981, the prior Act governing bail on appeal, see 18 U.”
Butler v. United States, 481 A.2d 431 (D.C. 1984).
· cites it 4× “However, courts have continued to apply the unlimited statute of limitations ( 18 U.S.C. § 3148 (1982)) and more restrictive bail provisions ( 18 U.”
United States v. Dixon, 509 U.S. 688 (1993).
“Thus, 18 U. S. C.§ 3148(a) provides that "[a] person who has been released [pending trial], 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.”
United States v. Irvin, 682 F.3d 1254 (10th Cir. 2012).
· cites it 2× “Counts 9 & 10 — Criminal Contempt Counts 9 and 10 charged the defendants with violating 18 U.S.C. § 3148 (c). 16 That section provides, “[t]he judicial officer may commence a prosecution for contempt .”
United States v. Eric Munchel, 991 F.3d 1273 (D.C. Cir. 2021).
“While failure to abide by release conditions is an explicit ground for revocation of release in 18 U.S.C. § 3148 (b), it defies logic to suggest that a court cannot consider whether it believes the defendant will actually abide by its conditions when making the release…”
— 18 U.S.C. § 3148(a) — 1 case
United States v. Dixon, 509 U.S. 688 (1993).
“Thus, 18 U. S. C.§ 3148(a) provides that "[a] person who has been released [pending trial], 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.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.