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LCrR 46.1 Release from Custody

(a) Eligibility for release prior to trial shall be in accordance with the Bail Reform Act, 18 U.S.C. §§ 3141-3142.

(b) An individual posting bond with the Clerk's Office shall present a copy of the order setting conditions of the bond signed by the District Judge or Magistrate Judge.

(1) Only cash, money order or cashier's check made payable to "Clerk, United States District Court", or credit card is acceptable for a cash bond.

(2) Unless approved in writing by a District Judge, property shall not be accepted as collateral for a bond.

(3) Court personnel shall not recommend specific bail bonding agencies.

(c) To recover money posted as bond, a District Judge's or Magistrate Judge's order releasing the bond must be on file in the Clerk's Office and the individual must present the original receipt and personal identification. The Clerk's Office will issue a check in the name of the owner of the cash identified in the affidavit accompanying the original bond.

(d) The court will not accept a member of the bar in active practice, or officer or employee of the court or the United States Marshals Service as a surety, except that a district judge may approve a member of the bar as a surety for a family member if the attorney is not counsel of record in the case.

COMMENT: The Court accepts the following credit cards for a cash bond: VISA, MasterCard, American Express, Discover, and Diners Club.

July 1, 2008


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