Release or detention of a material witness
United States Code
Citation analytics
How this statute sits in the citation network, derived from CiteLaw's graph of published opinions.
★Highly CitedTop 1% most-cited · cited by 106 decisions
106
Citing decisions
6+
Courts citing
Citations by decade
2
1
6
16
41
32
8
1960s1970s1980s1990s2000s2010s2020s
Courts citing this statute
Most recently cited by10
- 2026Zariel Mary García v. Administración De Corrección Y Rehabilitación
- 2025Lopez-Galvan v. Garland S.D. Cal.
- 2025United States v. Najera 9th Cir.
- 2024Hornof v. United States 1st Cir.
- 2024Barcenas v. McCraw W.D. Tex.
- 2023Brown v. Perry W.D. Tenn.
- 2021Manzo-Hernandez v. Saucedo 5th Cir.
- 2020United States v. Michaela Ventura 9th Cir.
- 2019Villars v. Holder N.D. Ill.
- 2019United States v. Smith 11th Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Text
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. 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: (Added Pub. L. 98–473, title II, § 203(a), Oct. 12, 1984, 98 Stat. 1982; amended Pub. L. 99–646, § 55(e), Nov. 10, 1986, 100 Stat. 3609.))