Can a judge modify the conditions of bail at the request of the Government?

MultiRegion, United States of America

The following excerpt is from U.S. v. Zuccaro, 645 F.2d 104 (2nd Cir. 1981):

The bail provisions of the Criminal Code explicitly set forth the authority of a district judge to modify the conditions of bail at the request of the person detained. Section 3146(d) permits a person detained after 24 hours to have the conditions reviewed by the judicial officer who imposed them; that officer is required to set forth the reasons for the conditions, if their imposition results in confinement. A person detained after reconsideration by the judicial officer pursuant to 3146(d) is authorized by 3147(a) to "move the court having original jurisdiction over the offense with which he is charged to amend the order" specifying the conditions of release. See Grimes v. United States, 394 F.2d 933 (D.C.Cir.1967) (requiring prior resort to procedure of 3146(d); Shackleford v. United States, 383 F.2d 212 (D.C.Cir.1967) (same). However, no explicit authority is spelled out for modifications of conditions of bail at the request of the Government.

Nevertheless, we find such authority implicitly contemplated by the provisions of 3147(b), which authorizes appellate review

Page 106

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