A material witness is a person whose testimony is material to a criminal proceeding, and where it appears from an affidavit filed by a party that this person’s presence for testimony cannot be secured by a subpoena.  A judge can order the person arrested, but also order that s/he be released from custody if certain conditions are met.  18 USC § 3144. 

Material witnesses are commonly designated to provide information and to testify at trial against the defendant smuggler in alien smuggling cases or against the defendant employer in cases involving the hiring of unauthorized aliens.

Yes.  The Federal Public Defender’s office is typically appointed to represent an indigent material witness. 

Typically, they are held in the Santa Ana Jail, located at 550 N. Flower Street, Santa Ana CA 92703.  You can contact the Santa Ana Jail at (714) 245-8100.

The material witness will be brought to court and bail will be set.  The material witness will be released after posting an unsecured bond filed by a third party.  Typically, the bond is set at $5,000.

The material witness must follow conditions of release on bond, including undergoing supervision by Pretrial Services, the federal agency that supervises pre-trial defendants, including material witnesses.