If You Are Arrested, When Do You Go Before a Judge

A person arrested is entitled to be taken before a Judaical magistrate without unnecessary delay. The United States Supreme Court has held in an opinion that the words “unnecessary delay” means that a person arrested must be taken before a judge for the initial appearance within 48 hours excluding weekends. This means if you are arrested on a Friday, the weekend does not count and you might not be taken before a judge until the next Tuesday. I have noticed over my career that when serving warrants officers often show up on a Friday. That way the person arrested has to stay in jail longer.

No one wants to be in jail. Law enforcement officers know that and I think it is why they make arrests on Friday. If you are arrested on a weekend the best advice I can give is to call a lawyer. The attorney can help arrange bond, provide you advice on what to expect, and give you information on the future proceedings. If you have a question on a criminal matter do not hesitate to call for advice. We have the experience to give you solid, practical advice.

Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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