6 hours after arrest

[ZmanCarlvr]

Today in my sociology class my professor was discussing crime and law enforcement.

She had mentioned something about after a person is arrested there is a 6 hour window of oppurtunity for this arrestee to be put in front of a judge.

An example she gave was Mallory vs. U.S.

I know that it may vary from state to state, but I'm looking for an overall concensus.

In the Illinois State Statute book it discusses the suspect needs to be informed of the charge while being arrested, and then in no unnecessary delay shall they be put in front of a judge.

Is 6 hours actually acurate or no?

The reason I don't feel she is credible was because the majority of the other things she was discussing were all false and several CJ students, including myself took it upon ourselves to correct the professor.

Thanks.


Z

[StReEtz]

Well depends on what state you live in, here in FL, if your arrested on a weekday you wont be arraigned till the next morning, sometimes late evenings, but if your arrested on friday or the weekened,, courts are closed so you wont know the charges or bond till monday..

[ZmanCarlvr]

See, that is exactly what I thought...

Thanks.

Z

[Bodie]

In Ohio next day if a week day. Monday if a weekend and if a holiday falls on a Monday then you see the judge on Tuesday.

There is standard bail for most non violant misdemeanors so they can be released on bond/ Violant cases and Felons are held until court sets bond.

She's wrong in almost all states I know of.

[Delta784]

Re: 6 hours after arrest

Originally posted by ZmanCarlvr
Is 6 hours actually acurate or no?

In Massachusetts, certainly not.

If you're arrested on a Friday afternoon after the courts are closed, you can be held in custody until Tuesday if Monday is a holiday.

The only twist is that we can't hold someone for more than 24 hours unless we conduct a probable cause hearing with a Clerk Magistrate of the court, known as a "Jenkins Hearing". This is very informal, and usually involves reading the arrest report over the phone. I've never heard of one being denied.

[Frank Booth]

Constitutionally speaking, I don't think there's a time limit. 5 hours may be too long, or 72 hours may be OK. It depends on what is reasonable under the circumstances. But generally, if you arraign them within 48 hours and they contend that you should have had them before a judge before then, the burden is on them to prove that 48 hours was unreasonably long, and you could have arraigned them, but didn't. On the other hand, if you hold them for 3 or 4 days without arraigning them, it's up to the prosecutor to prove that there was a legitmate reason why he was not arragined by then, or released, or given a bond.

[Bart]

Re: 6 hours after arrest

Originally posted by ZmanCarlvr
Today in my sociology class my professor was discussing crime and law enforcement.

She had mentioned something about after a person is arrested there is a 6 hour window of oppurtunity for this arrestee to be put in front of a judge.

are you sure she wasnt talking about investigative detentions where a suspect hasnt been charged yet?

[badger]

The 6 hour rule.

It is a real rule in PA according to the Rules of Criminal Procedure
(Title 42), unless there are extenuating circumstances. In my county there is always a District Justice who is on call to meet the requirements of this rule. It may be done via video conferencing, but they are always put before the court. Like stated earlier in the thread, every state is different with regard to how they handle this issue.

[PhilipCal]

6 hours after arrest.

What your professor failed to advise you is,that initial appearance varies from state to state. Initial appearance is guided by the Rules of Criminal Procedure of a particular state. It can vary considerably.

[ZmanCarlvr]

Re: Re: 6 hours after arrest

Originally posted by Bart
are you sure she wasnt talking about investigative detentions where a suspect hasnt been charged yet?

She discussed the court case Mallory vs. US (1957)... in that case, a man was arrested on Rape charges in the early afternoon, he confessed at 9:30 pm...he then appeared in court the next morning... he was found guilty and sentenced to death. In an appeal trial, the ruling was overturned due to too long of a duration of time between initial arrest and being seen before a judge.

What your professor failed to advise you is,that initial appearance varies from state to state. Initial appearance is guided by the Rules of Criminal Procedure of a particular state. It can vary considerably.

She did mention that, and that is also why I put in the original post: "I know that it may vary from state to state, but I'm looking for an overall concensus. "

Thanks for the advice though Philipcal...

And a true thank you to Bart.

[Tackleberry]

Yes, I am a PA LEO and it is 6 hours in this state!


Tac
1*

[Bodie]

PA sounds a bit screwed up to me. But you are a Commonwealth correct and not a true state ??????

[ftlaudcop]

Originally posted by StReEtz
Well depends on what state you live in, here in FL, if your arrested on a weekday you wont be arraigned till the next morning, sometimes late evenings, but if your arrested on friday or the weekened,, courts are closed so you wont know the charges or bond till monday..

in fla they have a time limit of 48 hours,

1st appearance, bond court, to review documents of arrest

except for: vop and out of county warrants are held

daily, when arrested you will see a judge within 24 hour

7 days a week holidays , weekends, all included.

[heineken]

She discussed the court case Mallory vs. US (1957)... he was found guilty and sentenced to death

Rape was a Capital Offense in 1957? Seems pretty harsh to give someone the death penalty for a rape conviction?

[badger]

Hein,

Be glad you didn't live in colonial times. If you were arrested once for anything, whether you were convicted or not, you were branded. If arrested a second time for that or a different offense and convicted, you were hung. Sounds harsh, but crime rates were lower.