---
title: "Release or detention of a defendant pending trial"
citation: "18 U.S.C. § 3142"
authority_id: "AUTH-USC-18-3142"
authority_type: "statute"
jurisdiction: "federal_nationwide"
precedential_status: "binding_enacted_positive_law_title"
official_url: "https://www.govinfo.gov/link/uscode/18/3142"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-USC-18-3142/"
legal_review: "2026-08-25"
links_checked: "2026-10-15"
links_available: 1
links_checked_count: 1
license: "CC BY 4.0"
---

# 18 U.S.C. § 3142

## Propositions supported

Section 3142 defines the pretrial order sequence, recognizance and conditional-release rules, detention-hearing gates, detention findings, evidentiary standard for safety, rebuttable presumptions, factors, and release and detention orders.

## Material limitations

The statute does not state a burden of proof for flight-based detention. Circuit-specific burdens, presumption effects, evidentiary practices, reopening, and appellate review require separate authority.

## Official source

OLRC preliminary edition, current through laws reported in effect during August 2026: <https://www.govinfo.gov/link/uscode/18/3142>


## Used in

- [Initial Appearance and Pretrial Release or Detention](https://jason93.com/legal/federal-process/modules/20-pretrial/initial-appearance-and-pretrial-release.md)