Print Version
Previous PageFile uploaded: 10/1/2020

Rule 9A Procedures for persons arrestedpursuant to an arrest warrant.

 

(a)(1)For purposes of this rule an ?arrest warrant? means a warrant issued by a judgepursuant to Rule 6(c), or after a defendant?s failure to appear at an initialappearance or arraignment after having been summoned.

 

(a)(2)An ?arrest warrant? does not include a warrant issued for failing to appear fora subsequent court proceeding or for reasons other than those described insubsection (a)(1).

 

(b)(1)When a peace officer or other person arrests a defendant pursuant to an arrestwarrant and the arrested person cannot meet the release conditions required bythe judge or magistrate issuing the arrest warrant, the person arrested must bepresented to a magistrate within 48 hours after arrest. The informationprovided to the magistrate must include the case number, and the results of anyvalidated pretrial risk assessment.

 

(b)(2)If the time periods in this subsection (b) expire on a weekend or legalholiday, the period expires at 5:00pm on the next business day.

 

(c)With the results of a pretrial risk assessment, and having considered thefactors that caused the court to issue an arrest warrant in the first place,the magistrate may modify the release conditions.

 

(d)Any defendant who remains in custody after the review process must be seen bythe court issuing the arrest warrant no later than the third day after thearrest.

 

(e)If the arrested person meets the release conditions required by the arrestwarrant, the person must be released and instructed to appear as required inthe issuing court.

 

(f)Any posted security must be forwarded to the court issuing the arrest warrant.

 

EffectiveOctober 1, 2020