Posted: November 20, 2019
Rules of Criminal Procedure – Comment Period Closed January 4, 2020
URCrP009. Proceedings for persons arrested without a warrant on suspicion of a crime. The approved amendments modify the times within which a defendant must appear in court after a warrantless arrest when the defendant has been unable to meet the release conditions set by the magistrate.
URCrP009A. Procedures for persons arrested pursuant to warrant. The approved amendments modify the times within which a defendant must appear in court when the defendant has been arrested pursuant to a warrant and has been unable to meet the release conditions set by the court.
The proposed amendment for persons arrested on an arrest warrant requiring that the person be presented to a magistrate within 48 hours after arrest is neither feasible, nor is it in the best interest of justice, for the following reasons:
1.The most obvious reason that not just any magistrate should make an immediate (within 48 hour) decision on whether or not a person should be released on a warrant is that it does not allow sufficient time to obtain all the details and information from the issuing court that justified the issuance of the warrant. This information is important because by the time any court issues a warrant, it is after all other avenues to get the person to answer to the pending matter(s) have been exhausted. The arrested person should not be released without posting the required bail that is attached to the warrant, so as to ensure that the defendant answers to the court. At the very least, the magistrate &/or court that issued the warrant should be contacted before any other magistrate makes a decision on defendant’s release. If a person is released without posting bail, then there is little reason to have issued the warrant in the first place.
2.The rule is not feasible as 48 hours is not sufficient time for the arresting agency and/or jail to contact a magistrate, then give sufficient time for that magistrate to obtain information concerning the reason for the warrant, then make an informed decision on releasing the person. Magistrate(s) are not always immediately available if court is in session, or if they are attending administrative or court meetings. The arrested person always has the option of posting bail &/or bond. Ideally, enough time to contact the magistrate’s court from where the warrant is issued is best, so the option of a video hearing can be arranged if necessary, and to resolve the pending matter for which the warrant was issued.
In short, when a warrant is issued it is due to the person not resolving an issue with the court. Releasing a person within 48 hours of the arrest still does not satisfy the matter with the court. That is why there is a bail/bond amount on the warrant. The bail or bond is more likely to result in the defendant contacting or appearing in the court to resolve the issue. Releasing the person without bail will simply start the process over, with another warrant being eventually issued.