First Adopted: June 13, 1979
Most Recently Effective: January 01, 2020
Rule 22 | Rules of Criminal Procedure | Procedure Applicable to Felonies Only
22.07 | Felonies – Initial Appearance Under Warrant Before the Court
A defendant arrested and confined under the initial warrant for any felony offense issued pursuant to Rule 22.04 or Rule 22.06 shall be brought forthwith for an appearance, as set forth in Rule 22.08, in person or by interactive video technology, before a judge of the court from which the warrant was issued. 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.
The warrant, with proper return thereon, shall be filed with the court forthwith.
Committee Note – 1979
Paragraph (a) is substantially the same as prior Rule 21.11. Compare: Fed.R.Crim.P. 5(a).
The sources of paragraph (b) are prior Rule 23.03 and Fed.R.Crim.P. 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.
(Adopted June 13, 1979, effective January 1, 1980. Amended November 21, 1979, effective January 1, 1980; amended January 28, 2002, effective January 1, 2003; amended December 18, 2018, effective July 1, 2019; amended June 30, 2019, effective January 1, 2020.)