Supreme Court Rules - Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only: Felonies

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Supreme Court Rules

		Section/Rule:	22.08
Subject:	Rule 22 - Rules of Criminal Procedure - Procedure Applicable to Felonies Only	Publication / Adopted Date:	June 13, 1979
Topic:	Felonies - Initial Appearance Before the Court	Revised / Effective Date:	July 1, 2019

22.08. Felonies - Initial Appearance Before the Court

Upon the defendant's initial appearance:

(a) The court shall inform the defendant of the felony charged, the right to retain counsel, the right to request the appointment of counsel if the defendant is unable to retain counsel, and the right to remain silent. The court shall also inform the defendant that any statement made by the defendant may be used against the defendant.

(b) If the defendant is appearing after release from custody on a warrant, the court shall inform the defendant of the conditions of release and that a warrant may be issued immediately upon any violation of a condition of release. The court shall also advise the defendant of the right to apply for a modification of any conditions of release at a hearing pursuant to Rule 33.06.

(c) If the defendant is in custody after arrest on a warrant, the court shall inform the defendant of the conditions of release, if any, and determine whether the defendant can meet the conditions. If a defendant is unable to meet the conditions, then, subject to the right of a victim to be informed of and heard at a bail hearing, the court may modify the conditions of release, if the court determines the circumstances of the defendant and the case require modification of the conditions. The court shall inform the defendant that a warrant for arrest may be issued immediately upon any violation of a condition of release. If the defendant is not released from custody following the initial appearance, the court shall advise the defendant of the right to a release hearing pursuant to Rule 33.05.

(d) If the defendant has appeared on a summons and the offense is required to be given an offense cycle number, the court shall ensure the defendant has been fingerprinted and processed by the appropriate law enforcement agency for the purposes of creating an offense cycle number.

(Former Rule 22.07. Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Nov. 21, 1979, eff. Jan. 1, 1980; Nov. 28, 2002, eff. Jan. 1, 2003; Dec. 18, 2018, eff. July 1, 2019.)

Committee Note - 1979

Paragraph (a) is substantially the same as prior Rule 21.11.
Compare: Fed.R.Crim.P. 5(a).

The source of paragraph (b) are prior Rule 23.03 and Fed.R.Crim. 5(c).

See Rule 31.02 for a more detailed statement of when counsel will be appointed for a defendant.

The sources of paragraph (c) are prior Rule 23.08 and prior Rule 23.11.

The period in which the papers are to be transmitted to the judge who will try the case has been changed from ten days to five days.

Compare: Fed.R.Crim.P. 5(c) and 5.1.

Paragraph (d) is new.

Paragraph (e) is substantially the same as the last sentence of prior Rule 23.02.