Supreme Court Rules - Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only: Misdemeanors

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Supreme Court Rules

		Section/Rule:	21.10
Subject:	Rule 21 - Rules of Criminal Procedure - Procedure Applicable to Misdemeanors Only	Publication / Adopted Date:	June 13, 1979
Topic:	Misdemeanors - Initial Appearance Before the Court	Revised / Effective Date:	July 1, 2019

21.10. Misdemeanors - Initial Appearance Before the Court

Upon the defendant's initial appearance:

(

) The court shall inform the defendant of the misdemeanor 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.

(

) 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

(

) 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

(

) 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.

(Adopted June 13, 1979, eff. Jan. 1, 1980. Amended Jan. 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

except that it applies only to misdemeanors.

The source of paragraph (b) is Fed.R.Crim.P. 5(c).

See

Rule 31.02

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