Manual for United States Commissioners |
From inside the book
Results 1-5 of 19
Page 5
... charged . If the accused is not known by name , he may be charged as " John Doe . " The complaint is not necessarily filed on the mere request or sug- gestion of an investigating officer or other person . On the contrary , the ...
... charged . If the accused is not known by name , he may be charged as " John Doe . " The complaint is not necessarily filed on the mere request or sug- gestion of an investigating officer or other person . On the contrary , the ...
Page 7
... charged in a single complaint with a joint offense , the better practice is to issue a separate warrant of arrest or summons for each of them so that a final and complete return may be made for each defendant forthwith on his individual ...
... charged in a single complaint with a joint offense , the better practice is to issue a separate warrant of arrest or summons for each of them so that a final and complete return may be made for each defendant forthwith on his individual ...
Page 8
... charges or to make 6. Rules of Criminal Procedure , Appendix of Forms , Form 12 , footnote 1 , reads as follows in explanation of the blanks provided for insertion of the name of the officer to whom the warrant is directed : " insert ...
... charges or to make 6. Rules of Criminal Procedure , Appendix of Forms , Form 12 , footnote 1 , reads as follows in explanation of the blanks provided for insertion of the name of the officer to whom the warrant is directed : " insert ...
Page 10
... charges may be well founded . To authorize a com- missioner at the conclusion of any preliminary examination to hold ... charged in a single complaint and more than one demand a preliminary hearing , the commissioner in his discretion ...
... charges may be well founded . To authorize a com- missioner at the conclusion of any preliminary examination to hold ... charged in a single complaint and more than one demand a preliminary hearing , the commissioner in his discretion ...
Page 14
... charges he is not likely to abandon , will suggest the propriety of release upon the defendant's own recog- nizance ... charged , the weight of the evidence against the defendant , the financial ability of the defendant to give bail and ...
... charges he is not likely to abandon , will suggest the propriety of release upon the defendant's own recog- nizance ... charged , the weight of the evidence against the defendant , the financial ability of the defendant to give bail and ...
Common terms and phrases
79th Congress admitted to bail affidavits after-discovered evidence amount of bail appearance bond apply appointed approved authorized bail bond bench warrant cause to believe clerk Criminal Procedure criminal proceedings deposition Director discharge district court District Judge district of arrest evidence Federal Rules fees filed forfeiture Form A.O. forthwith furnish give bail inform the defendant issuance Judicial Conference JUNE 25 jurisdiction magistrate marshal motion national park commissioner nearest available commissioner oath offense charged offense was committed pending person arrested petty offenses place of arrest prescribed probable cause prosecution pursuant request revision of Title Rule 40 Rule 5(c Rule 54 Rules of Criminal search warrant searches and seizures served sioner Stat statutes subpoena Supreme Court surety testimony Title 18 United States attorney United States Code United States commissioner United States Courts United States District warrant issued warrant of arrest warrant of removal warrant or summons witness
Popular passages
Page 19 - If from the evidence it appears to the commissioner that there is probable cause to believe that an offense has been committed...
Page 44 - Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.
Page i - ... the Administrative Office of the United States Courts, Supreme Court Building, Washington, DC 20544.
Page 44 - A resident of the district in which the deposition is to be taken may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court.
Page 45 - ... for ordering the removal of the defendant, the judge shall issue a warrant of removal to the district where the prosecution is pending.
Page 49 - His liability may be enforced on motion without the necessity of an independent action. The motion and such notice of the motion as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to the surety if his address is known.
Page 42 - ... by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by law to receive service of process.
Page 47 - If it appears that the property taken is not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds on which the warrant was issued, the magistrate must cause it to be restored to the person from whom it was taken.
Page 43 - A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash...
Page 7 - An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unnecessary delay before the nearest available commissioner or before any other nearby officer empowered to commit persons charged with offenses against the laws of the United States. When a person arrested without a warrant is brought before a commissioner or other officer, a complaint shall be filed forthwith.