18 U.S.C. § 3265 : US Code - Section 3265: Initial proceedings

Search 18 U.S.C. § 3265 : US Code - Section 3265: Initial proceedings

(a)(1) In the case of any person arrested for or charged with a
violation of section 3261(a) who is not delivered to authorities of
a foreign country under section 3263, the initial appearance of
that person under the Federal Rules of Criminal Procedure -
(A) shall be conducted by a Federal magistrate judge; and
(B) may be carried out by telephony or such other means that
enables voice communication among the participants, including any
counsel representing the person.
(2) In conducting the initial appearance, the Federal magistrate
judge shall also determine whether there is probable cause to
believe that an offense under section 3261(a) was committed and
that the person committed it.
(3) If the Federal magistrate judge determines that probable
cause exists that the person committed an offense under section
3261(a), and if no motion is made seeking the person's detention
before trial, the Federal magistrate judge shall also determine at
the initial appearance the conditions of the person's release
before trial under chapter 207 of this title.
(b) In the case of any person described in subsection (a), any
detention hearing of that person under section 3142(f) -
(1) shall be conducted by a Federal magistrate judge; and
(2) at the request of the person, may be carried out by
telephony or such other means that enables voice communication
among the participants, including any counsel representing the
person.
(c)(1) If any initial proceeding under this section with respect
to any such person is conducted while the person is outside the
United States, and the person is entitled to have counsel appointed
for purposes of such proceeding, the Federal magistrate judge may
appoint as such counsel for purposes of such hearing a qualified
military counsel.
(2) For purposes of this subsection, the term "qualified military
counsel" means a judge advocate made available by the Secretary of
Defense for purposes of such proceedings, who -
(A) is a graduate of an accredited law school or is a member of
the bar of a Federal court or of the highest court of a State;
and
(B) is certified as competent to perform such duties by the
Judge Advocate General of the armed force of which he is a
member.