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Motion for Release Pending Trial

In criminal cases, asks for pretrial release under conditions instead of detention.

Governing rule
18 U.S.C. § 3142
Read the rule

What it is

A criminal motion asking the court to release a defendant before trial under conditions instead of detention. The court evaluates appearance risk, danger, the charged offense, evidence, history, and available conditions.

When it's used

Filed after arrest, detention, changed circumstances, new information, or a magistrate judge detention order. It may seek release, modification of conditions, or review by the district judge.

What the other side does

The government argues detention is necessary because no conditions can reasonably assure appearance and community safety, or because statutory presumptions apply.

Common outcomes

The court may release on conditions, impose bond or monitoring, modify conditions, detain the defendant, or reopen detention only if new material information exists.

Not legal advice. Motion practice varies by court, judge, and case type. Local rules and standing orders frequently modify the federal defaults shown here. If you're facing a motion or considering filing one, talk to a lawyer about strategy and timing for your specific case.