Removal proceedings

• Author: Barry Boss/Jeffrey H. Rutherford/Michael J. Proctor
• Pages: 167-174

REMOVAL PROCEEDINGS

5-1

CHAPTER 5

REMOVAL PROCEEDINGS

I. ARREST FOR OFFENSE COMMITTED IN ANOTHER DISTRICT

§5:1 Appearance Before Magistrate Judge in Arresting or Adjacent District

§5:2 Preliminary Proceedings

§5:3 Preliminary Examination

§5:4 Identity Hearing

§5:5 Production of Arrest Warrant

II. ARREST IN OTHER DISTRICT FOR FAILURE TO APPEAR OR VIOL ATING CONDITIONS OF RELEASE

§5:6 Scope of Rule 40: Effect of Failure to Appear

§5:7 Appearance Before Nearest Magistrate Judge

§5:8 Preliminary Examination

§5:9 Identity Hearing

§5:10 Revocation of Pretrial Release in Charging District

III. RELEASE OR DETENTION WHEN CRIMINAL OFFENSE CHARGED

A. Role of Magistrate Judge in District of Arrest

§5:11 Detention Determination

§5:12 Bail Endorsement

§5:13 Entering Plea

B. Pretrial Release or Detention

§5:14 Move to Establish Conditions of Release

§5:15 Request Travel and Subsistence Expenses

§5:16 Oppose Pretrial Detention

IV. COMPLAINTS FOR UNLAWFUL FLIGHT TO AVOID PROSECUTION

§5:17 Authority for Arrest and Prosecution

§5:18 No Intention to Prosecute

§5:19 Intention to Prosecute

V. FORMS

Form 5A: Waiver of Rights (Out of District Cases)