§3060 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

A judge must set a date at the arrested person’s first court appearance for a preliminary hearing. The hearing is to decide if there is good reason to think a crime was done and that the arrested person did it. Unless the arrested person agrees to a later date, the hearing must happen within a reasonable time and no later than the 14th day after the first appearance if the person is kept in custody full time or only let out for certain hours, or no later than the 20th day if the person is released under other conditions. The arrested person can agree to later dates or continuances. If they do not agree, the judge can only delay the hearing for extraordinary reasons that require delay. If the hearing is not held in time, the person must be released from custody or from bail or other release conditions, but prosecutors can still start new criminal proceedings on the same charge later. That does not apply if a formal federal charge (an indictment or, where appropriate, an information) is filed after the first appearance and before the hearing date. Hearings before magistrate judges must be recorded by a court reporter or sound equipment. A person who says under oath they cannot pay can get a copy of that record, and the Director of the Administrative Office of the United States Courts must pay for it.

Title 18, §3060

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as otherwise provided by this section, a preliminary examination shall be held within the time set by the judge or magistrate judge pursuant to subsection (b) of this section, to determine whether there is probable cause to believe that an offense has been committed and that the arrested person has committed it.

(b)The date for the preliminary examination shall be fixed by the judge or magistrate judge at the initial appearance of the arrested person. Except as provided by subsection (c) of this section, or unless the arrested person waives the preliminary examination, such examination shall be held within a reasonable time following initial appearance, but in any event not later than—

(1)the fourteenth day following the date of the initial appearance of the arrested person before such officer if the arrested person is held in custody without any provision for release, or is held in custody for failure to meet the conditions of release imposed, or is released from custody only during specified hours of the day; or

(2)the twentieth day following the date of the initial appearance if the arrested person is released from custody under any condition other than a condition described in paragraph (1) of this subsection.

(c)With the consent of the arrested person, the date fixed by the judge or magistrate judge for the preliminary examination may be a date later than that prescribed by subsection (b), or may be continued one or more times to a date subsequent to the date initially fixed therefor. In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.

(d)Except as provided by subsection (e) of this section, an arrested person who has not been accorded the preliminary examination required by subsection (a) within the period of time fixed by the judge or magistrate judge in compliance with subsections (b) and (c), shall be discharged from custody or from the requirement of bail or any other condition of release, without prejudice, however, to the institution of further criminal proceedings against him upon the charge upon which he was arrested.

(e)No preliminary examination in compliance with subsection (a) of this section shall be required to be accorded an arrested person, nor shall such arrested person be discharged from custody or from the requirement of bail or any other condition of release pursuant to subsection (d), if at any time subsequent to the initial appearance of such person before a judge or magistrate judge and prior to the date fixed for the preliminary examination pursuant to subsections (b) and (c) an indictment is returned or, in appropriate cases, an information is filed against such person in a court of the United States.

(f)Proceedings before United States magistrate judges under this section shall be taken down by a court reporter or recorded by suitable sound recording equipment. A copy of the record of such proceeding shall be made available at the expense of the United States to a person who makes affidavit that he is unable to pay or give security therefor, and the expense of such copy shall be paid by the Director of the Administrative Office of the United States Courts.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (b)(1). Pub. L. 111–16 substituted “fourteenth day” for “tenth day”. 2006—Subsec. (c). Pub. L. 109–162 substituted “In the absence of such consent of the accused, the judge or magistrate judge may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.” for “In the absence of such consent of the accused, the date fixed for the preliminary hearing may be a date later than that prescribed by subsection (b), or may be continued to a date subsequent to the date initially fixed therefor, only upon the order of a judge of the appropriate United States district court after a finding that extraordinary circumstances exist, and that the delay of the preliminary hearing is indispensable to the interests of justice.” 1968—Pub. L. 90–578 substituted provisions of subsecs. (a) to (f) of this section detailing preliminary examination content for

Prior Provisions

which directed attention to the rule in section catchline, and directed one to see Federal Rules of Criminal Procedure, including “Proceedings before commissioner, appearance, advice as to right to counsel, hearing, Rule 5.”.

Statutory Notes and Related Subsidiaries

Change of Name

Words “magistrate judge” and “United States magistrate judges” substituted for “magistrate” and “United States magistrates”, respectively, wherever appearing in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–16 effective Dec. 1, 2009, see section 7 of Pub. L. 111–16, set out as a note under section 109 of Title 11, Bankruptcy.

Effective Date

of 1968 AmendmentAmendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later

Effective Date

is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

§3060 Preliminary Examination

Summary

Title 18, §3060

Notes & Related Subsidiaries

Editorial Notes

Amendments

Prior Provisions

Statutory Notes and Related Subsidiaries

Change of Name

Effective Date

Effective Date

Effective Date

Citations & Metadata