If you are arrested in Minnesota without a warrant, you must be brought before a judge without unreasonable delay and not more than 36 hours after your arrest. The 36-hour rule does not include the day of your arrest, Sundays, or legal holidays. For example, if you are arrested on a Saturday, the 36-hour rule does not require a court appearance before a judge until Tuesday at noon. The rule excludes the day of your arrrest, Saturday, and the next day, Sunday. The 36-hour rule does not start to run until midnight on Sunday.
Before you appear in court, the rule requires that a criminal complaint be presented to the judge for a probable cause review. If you are not brought before a judge within the 36-hour rule, you must be released from custody. If the police fail to release you from custody within the time limits of the rule, you may be able to use the violation of the rule to your advantage in the criminal case.
Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation to discuss your defenses now at (612) 339-1024 or visit his website for more information on criminal defense techniques at www.criminallawyerminnesota.com.
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