Supreme Court Rules - Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings: Misdemeanors or Felonies

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Supreme Court Rules

		Section/Rule:	33.08
Subject:	Rule 33 - Rules of Criminal Procedure - Misdemeanors or Felonies - Release Pending Further Proceedings	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors or Felonies - Rearrest of Defendant	Revised / Effective Date:	July 1, 2022

33.08 MISDEMEANORS OR FELONIES - REARREST OF DEFENDANT

The court may order a warrant for the arrest of a defendant who has been released pursuant to Rule

33.01

if it shall appear to the court that:

(

) There has been a breach of any condition of release, including but not limited to failure to appear for a court ordered court appearance; or

(

) The conditions of release should be modified or new or additional conditions imposed.

A defendant arrested and confined on a warrant under this Rule shall be entitled to a hearing forthwith, as set forth below, concerning the reasons for the issuance of the warrant.

A defendant who has not previously had an initial appearance under Rule

21.10

or Rule

22.08

shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued, as provided by Rule

21.09

or Rule

22.07

. This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

A defendant who has previously had an initial appearance under Rule

21.10

or Rule

22.08

shall be brought for an appearance, in person or by interactive video technology, before a judge of the court from which the warrant was issued. The court may conduct the hearing by interactive video technology unless the hearing will involve the cross-examination of witnesses, in which case the defendant must waive his or her right to be physically present and have the courtꞌs approval before the hearing can be conducted by interactive video technology. This appearance shall be held no later than seven days, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Dec. 18, 2018, eff. July 1, 2019; Jun. 30, 2019, eff. Jan. 1, 2020; Correction Sept. 9, 2019, eff. Jan. 1, 2020; Oct. 26, 2021, eff. Jul. 1, 2022.)

Committee Note - 1980

Compare: Prior

Rule 32.06