RULES OF CRIMINAL PROCEDURE

II. PRELIMINARY PROCEEDINGS

RULE 4. INITIAL APPEARANCE AND ARRAIGNMENT

Rule 4.1. Procedure upon arrest

Timeliness of Appearance Before Magistrate. A person arrested shall be taken before a magistrate without unnecessary delay. If the person is not brought before a magistrate within 24 hours after arrest, he or she shall immediately be released.

On Arrest Without a Warrant. A person arrested without a warrant shall be taken before the nearest or most accessible magistrate in the county of arrest, whereupon a complaint, if one has not already been filed, shall promptly be prepared and filed. If a complaint is not filed within 48 hours from the time of the initial appearance before the magistrate, the defendant shall be released from jail, and the preliminary hearing date, if any, shall be vacated.

On Arrest With a Warrant.

(1) A person arrested in the county in which the warrant was issued shall be taken before the magistrate who issued the warrant, or, if the magistrate is absent or unable to act, the nearest or most accessible magistrate in the same county.

(2) A person arrested in a county other than the one in which the warrant was issued shall be taken before the nearest or most accessible magistrate in the county of arrest. If such person is eligible for release as a matter of right, he or she shall be released in accordance with Rule 7.2. If the person is not released immediately, the magistrate shall direct that he or she be taken to the county where the warrant originated to appear before the issuing magistrate, or, if the magistrate is absent or unable to act, before the nearest or most accessible magistrate.

d. Assurance of Availability of Magistrate and the Setting of a Time for Initial Appearance. Each presiding judge shall take such steps as are necessary to assure that a magistrate is available every day of the week to hold initial appearances required by Section (a). In addition, the presiding judge shall also assure that at least one fixed time is set each day for conducting initial appearances and that local law enforcement agencies have been notified of the fixed time(s).