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).