18 U.S.C. § 3265: Initial proceedings

Summary

If someone is arrested or charged under section 3261(a) and is not handed over to a foreign country under section 3263, their first court hearing must be before a Federal magistrate judge. That hearing can happen by phone or another way that lets people hear and speak, including the person’s lawyer. The judge must decide if there is probable cause to think the crime in section 3261(a) happened and that the person did it. If the judge finds probable cause and nobody asks to keep the person detained before trial, the judge must set the person’s pretrial release conditions under chapter 207 at that same hearing. Any detention hearing under section 3142(f) must also be by a Federal magistrate judge and can be done by phone if the person asks. If the first proceeding happens while the person is outside the United States and the person needs an appointed lawyer, the magistrate judge may appoint a qualified military counsel. Qualified military counsel means a judge advocate provided by the Secretary of Defense who has a law school degree or is a member of a Federal or State high court bar and is certified by that service’s Judge Advocate General.

Title 18, §3265

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)(1)In the case of any person arrested for or charged with a violation of section 3261(a) who is not delivered to authorities of a foreign country under section 3263, the initial appearance of that person under the Federal Rules of Criminal Procedure—

(A)shall be conducted by a Federal magistrate judge; and

(B)may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.

(2)In conducting the initial appearance, the Federal magistrate judge shall also determine whether there is probable cause to believe that an offense under section 3261(a) was committed and that the person committed it.

(3)If the Federal magistrate judge determines that probable cause exists that the person committed an offense under section 3261(a), and if no motion is made seeking the person’s detention before trial, the Federal magistrate judge shall also determine at the initial appearance the conditions of the person’s release before trial under chapter 207 of this title.

(b)In the case of any person described in subsection (a), any detention hearing of that person under section 3142(f)—

(1)shall be conducted by a Federal magistrate judge; and

(2)at the request of the person, may be carried out by telephony or such other means that enables voice communication among the participants, including any counsel representing the person.

(c)(1)If any initial proceeding under this section with respect to any such person is conducted while the person is outside the United States, and the person is entitled to have counsel appointed for purposes of such proceeding, the Federal magistrate judge may appoint as such counsel for purposes of such hearing a qualified military counsel.

(2)For purposes of this subsection, the term “qualified military counsel” means a judge advocate made available by the Secretary of Defense for purposes of such proceedings, who—

(A)is a graduate of an accredited law school or is a member of the bar of a Federal court or of the highest court of a State; and

(B)is certified as competent to perform such duties by the Judge Advocate General of the armed force of which he is a member.

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (a)(1), are set out in the Appendix to this title.

§3265 Initial Proceedings

Summary

Title 18, §3265

Notes & Related Subsidiaries

Editorial Notes

References in Text

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