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Alabama
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Ala. R. Crim. P. 4.3
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If a probable-cause determination is not made by a judge or magistrate without undue delay, and in no event later than forty-eight (48) hours after arrest, then, unless the offense for which the person was arrested is not a bailable offense, the person shall be released upon execution of an appearance bond… If such person was arrested pursuant to a warrant issued upon a complaint [or indictment], he or she shall be taken without undue delay, except in no event later than seventy-two (72) hours after arrest, before a judge…
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Alaska
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§ 12.25.150
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The hearing before the judge or magistrate may not take place more than 48 hours after arrest.
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Arizona
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Ariz. R. Crim. P. 4.1
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If the initial appearance does not occur within 24 hours after arrest, the arrested person must be immediately released from custody.
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Arkansas
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Ark. R. Crim. P. 8.1
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An arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay.
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California
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Penal Code
§ 825
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…the defendant shall in all cases be taken before the magistrate without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays. (May be extended when court is not in session).
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Colorado
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CO ST RCRP
Rule 5,
§ 16-4-102
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…the arrested person shall be taken without unnecessary delay before the nearest available county or district court; The arresting jurisdiction shall bring an in-custody arrestee before a court for bond setting as soon as practicable, but no later than forty-eight hours after an arrestee arrives at a jail or holding facility… Notwithstanding the requirement for bond setting within forty-eight hours, it is not a violation of this section if a bond hearing is not held within forty-eight hours when the delay is caused by an emergency that requires the court to close or circumstances in which the defendant refuses to attend court, is unable to attend court due to a debilitating physical ailment, or is unable to proceed due to drug or alcohol use or mental illness.
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Connecticut
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§ 54-1g
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…shall be promptly presented to the superior court next sitting for the geographical area where the offense is alleged to have been committed.
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Delaware
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Del. Super. Ct. Crim. R. 5
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…shall take the arrested person without unreasonable delay before the nearest available committing magistrate of the county in which the offense is alleged to have been committed or such other committing magistrate as provided by the warrant or by statute, court rule or administrative order.
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District of Columbia
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D.C. Super. Ct. R. Crim. P. 5
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…must take the arrested person without unnecessary delay before the court. …Before taking an arrested person before the court, a law enforcement officer may perform any recording, fingerprinting, photographing, or other preliminary police duties required in the particular case, and if such duties are performed with reasonable promptness, the period of time required for them will not constitute delay within the meaning of this rule.
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Florida
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Fla. R. Crim. P. 3.130
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Except when previously released in a lawful manner, every arrested person shall be taken before a judge… within 24 hours of arrest.
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Georgia
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§ 17-4-26
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Every law enforcement officer arresting under a warrant shall exercise reasonable diligence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a committing judicial officer within 72 hours after arrest.
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Guam
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8 Guam Code
§ 45.10
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The person arrested shall in all cases be taken before the judge within forty-eight (48) hours after the arrest, except that when the forty-eight (48) hour period expires, it is the burden of the government to demonstrate that a bona fide emergency or an extraordinary circumstance existed.
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Hawaii
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§ 803-9
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It shall be unlawful… To fail, within forty-eight hours of the arrest of a person on suspicion of having committed a crime, either to release or to charge the arrested person with a crime and take the arrested person before a qualified magistrate for examination.
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Idaho
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ID R ADMIN Rule 5
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In no event may the delay be more than 24 hours following the arrest, excluding Saturdays, Sundays, and holidays.
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Illinois
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725 ILCS 5-109-1
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A person arrested with or without a warrant for an offense for which pretrial release may be denied under paragraphs (1) through (6) of Section 110-6.1 shall be taken without unnecessary delay before the nearest and most accessible judge in that county, except when such county is a participant in a regional jail authority, in which event such person may be taken to the nearest and most accessible judge, irrespective of the county where such judge presides, and a charge shall be filed. (Effective Jan. 2023)
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Indiana
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§ 35-33-7-1
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A person arrested without a warrant for a crime shall be taken promptly before a judicial officer…
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Iowa
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Iowa R. Civ. P. 2.2
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An officer making an arrest with or without a warrant shall take the arrested person without unnecessary delay before a committing magistrate…
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Kansas
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§ 22-2901
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…the person arrested shall be taken without unnecessary delay before a magistrate…
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Kentucky
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Ky. RCr 3.02
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Any person making an arrest without a warrant shall take the arrested person without unnecessary delay before a judge and shall file with the court a post-arrest complaint specifying the offense for which the arrest was made and the essential facts constituting probable cause on which the complaint is based.
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Louisiana
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La. Code Crim. Proc., Art. 230.1
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The sheriff or law enforcement officer having custody of an arrested person shall bring him promptly, and in any case within seventy-two hours from the time of the arrest, before a judge for the purpose of appointment of counsel. Saturdays, Sundays, and legal holidays shall be excluded in computing the seventy-two-hour period referred to herein.
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Maine
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ME R U CRIM P Rule 5
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shall be brought before the court without unnecessary delay and in no event later than 48 hours after the arrest, excluding Saturdays, Sundays, legal holidays, and court holidays.
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Maryland
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Md. Rule 4-212
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When a defendant is arrested without a warrant, the defendant shall be taken before a judicial officer of the District Court without unnecessary delay and in no event later than 24 hours after arrest.
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Massachusetts
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Mass. R. Crim. P. 7
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A defendant who has been arrested and is not released shall be brought for arraignment before a court if then in session, and if not, at its next session.
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Michigan
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§ 764.13
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A peace officer who has arrested a person for an offense without a warrant shall without unnecessary delay take the person arrested before a magistrate of the judicial district in which the offense is charged to have been committed, and shall present to the magistrate a complaint stating the charge against the person arrested.
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Minnesota
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Minn. R. Crim. P. 4.02
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The defendant must be brought before a judge without unnecessary delay, and not more than 36 hours after the arrest, exclusive of the day of arrest, Sundays, and legal holidays, or as soon as a judge is available. In misdemeanor cases, a defendant who is not brought before a judge within the 36-hour limit must be released upon citation…
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Mississippi
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§ 99-3-17
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Every person making an arrest shall take the offender before the proper officer without unnecessary delay for examination of his case…
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Missouri
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Mo. Sup. Ct. R. 21.09, 22.07
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This initial appearance shall be held no later than 48 hours, excluding weekends and holidays, after the defendant is confined under the warrant in the county that issued the warrant or in a county with which the county issuing the warrant has a contractual agreement to hold the defendant.
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Montana
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§ 46-7-101
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A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.
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Nebraska
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§ 29-410
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Any officer or other person having in lawful custody any person accused of an offense for the purpose of bringing him before the proper magistrate or court, may place and detain such prisoner in any county jail of this state for one night or longer, as the occasion may require, so as to answer the purposes of the arrest and custody. In State v. Nissen., the Supreme Court of Nebraska, in dicta, referenced the federal 48-hour ceiling and determined that the defendants’ rights were violated regardless because there was no preliminary hearing. In determining the appropriate remedy for such a violation, the court held the following: “We adopt the reasoning in West, Perez–Bustamante, and Tucker that the failure to hold a probable cause hearing within a reasonable time is but one factor in the totality of the circumstances analysis to determine the voluntariness [thus admissibility] of the statements [made while detained without a preliminary hearing].”
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Nevada
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§ 171.178,
§ 178.4849
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Except as otherwise provided… a peace officer making an arrest under a warrant issued upon a complaint or without a warrant shall take the arrested person without unnecessary delay before the magistrate who issued the warrant or the nearest available magistrate empowered to commit persons charged with offenses against the laws of the State of Nevada.; Except as otherwise provided… a court shall, within 48 hours after a person has been taken into custody, hold a pretrial release hearing, in open court or by means of remote communication, to determine the custody status of the person. The pretrial release hearing may be continued for good cause shown.
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New Hampshire
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§ 594:20-a
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All persons shall appear no later than 24 hours after arrest, or no later than 36 hours after arrest if arrested between 8:00 a.m. and 1:00 p.m. and the person's attorney is unable to attend an arraignment on the same day, Saturdays, Sundays, and holidays excepted.
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New Jersey
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N.J. Ct. R. 3:4-2
§ 2A:162-16
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If the defendant remains in custody and the prosecutor has not filed a motion for pretrial detention, the first appearance shall occur within 48 hours of a defendant's commitment to the county jail, and shall be before a judge with authority to set conditions of release for the offenses charged.; Except as otherwise provided… the court… shall make a pretrial release decision for the eligible defendant without unnecessary delay, but in no case later than 48 hours after the eligible defendant's commitment to jail.
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New Mexico
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NMRA, Rule 5-301,
§ 31-1-5
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The probable cause determination shall be made by a magistrate, metropolitan, or district court judge promptly, but in any event within forty-eight (48) hours after custody commences and no later than the first appearance of the defendant, whichever occurs earlier. The court may not extend the time for making a probable cause determination beyond forty-eight (48) hours. Saturdays, Sundays, and legal holidays shall be included in the forty-eight (48) hour computation…; Every accused shall be brought before a court having jurisdiction to release the accused without unnecessary delay.
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New York
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N.Y Crim. Proc. Law
§ 120.90 (warrant arrest),
§ 140.20 (warrantless arrest)
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Upon arresting a person without a warrant, a police officer, after performing without unnecessary delay all recording, fingerprinting and other preliminary police duties required in the particular case, must except as otherwise provided in this section, without unnecessary delay bring the arrested person or cause him to be brought before a local criminal court and file therewith an appropriate accusatory instrument charging him with the offense or offenses in question. (warrantless)
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North Carolina
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§ 15A-501
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Must, with respect to any person arrested without a warrant and, for purpose of setting bail, with respect to any person arrested upon a warrant or order for arrest, take the person arrested before a judicial official without unnecessary delay.
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North Dakota
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N.D. R. Crim. P. 5
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An officer or other person making an arrest must take the arrested person without unnecessary delay before the nearest available magistrate.
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The Northern Mariana Islands
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C.N.M.I Code Ann. Tit. 6
§ 6105,
§ 6303
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In any case of arrest or temporary detention for examination… it is unlawful: … To fail either to release or charge the arrested person with a criminal offense within a reasonable time, which under no circumstances shall exceed 24 hours…; If the arrested person does not waive preliminary examination, the official shall hear the evidence within a reasonable time.
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Ohio
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§ 2935.13
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Upon the arrest of any person pursuant to warrant, he shall forthwith be taken before the court or magistrate issuing the same, if such court be in session or such magistrate available… If such court be not in session and a misdemeanor or ordinance violation is charged, he shall be taken before the clerk or deputy clerk of the court and let to bail… if the magistrate be not available, or if the defendant is arrested in a county other than that of the issuing court or magistrate he shall forthwith be taken before the most convenient magistrate, clerk, or deputy clerk of a court of record, and there let to bail for his appearance before the issuing court or magistrate within a reasonable time to be set by such clerk.
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Oklahoma
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22 Okl. St. § 181
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The defendant must, in all cases, be taken before the magistrate without unnecessary delay.
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Oregon
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§ 135.010
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Except for good cause shown or at the request of the defendant, if the defendant is in custody, the arraignment shall be held during the first 36 hours of custody, excluding holidays, Saturdays and Sundays. In all other cases, except as provided for in ORS 133.060, the arraignment shall be held within 96 hours after the arrest.
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Pennsylvania
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Pa. R. Crim. P. 516, 519
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…when a defendant has been arrested without a warrant in a court case, a complaint shall be filed against the defendant and the defendant shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. (warrantless)
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Puerto Rico
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P.R. Tit. 34A Appendix Rules of the Court. Sec. II Rules of Crim. Proc., Rule 22
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A peace officer making an arrest under a warrant shall take the person arrested before the nearest available magistrate without unnecessary delay.
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Rhode Island
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Super. R. Crim. P. 5
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Unless otherwise provided by statute, an officer making an arrest under a warrant issued upon a complaint shall take the arrested person without unnecessary delay before a judicial officer of the District Court as commanded in the warrant.
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South Carolina
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§ 22-5-510
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A person charged with a bailable offense must have a bond hearing within twenty-four hours of his arrest and must be released within a reasonable time, not to exceed four hours, after the bond is delivered to the incarcerating facility.
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South Dakota
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§ 23A-4-1
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A law enforcement officer shall, without unnecessary delay, take the arrested person before the nearest available committing magistrate.
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Tennessee
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Tenn. R. Crim. P. 5
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Any person arrested--except upon a capias pursuant to an indictment or presentment--shall be taken without unnecessary delay before the nearest appropriate magistrate…
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Texas
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Tex. Code Crim. Proc. Ann. art. 15.17
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…the person making the arrest or the person having custody of the person arrested shall without unnecessary delay, but not later than 48 hours after the person is arrested, take the person arrested or have him taken before some magistrate of the county where the accused was arrested or, to provide more expeditiously to the person arrested the warnings described by this article, before a magistrate in any other county of this state.
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Utah
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§ 77-7-23
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When an arrest is made without a warrant by a peace officer or private person, the person arrested shall be taken without unnecessary delay to the magistrate in the district court, the precinct of the county, or the municipality in which the offense occurred…
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Vermont
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Vt. R. Crim. P. 3
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A person arrested without a warrant and not released on a citation shall be brought before the nearest available judicial officer without unnecessary delay.
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Virgin Islands
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V.I. R. Crim. P. 5
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A law enforcement officer within the Virgin Islands making an arrest - whether for a Virgin Islands crime or a crime allegedly committed in another jurisdiction - shall take the arrested person promptly and without unnecessary delay before the court.
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Virginia
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§ 19.2-80
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…a law-enforcement officer making an arrest under a warrant or capias shall bring the arrested person without unnecessary delay before a judicial officer.
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Washington
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CRR CrR 3.2.1
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Unless a defendant has appeared or will appear before a court of limited jurisdiction for a preliminary appearance…, any defendant whether detained in jail or subjected to court-authorized conditions of release shall be brought before the superior court as soon as practicable after the detention is commenced, the conditions of release are imposed or the order is entered, but in any event before the close of business on the next court day.
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West Virginia
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§ 62-1-5
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An officer making an arrest under a warrant issued upon a complaint, or any person making an arrest without a warrant for an offense committed in his presence or as otherwise authorized by law, shall take the arrested person without unnecessary delay before a magistrate of the county where the arrest is made.
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Wisconsin
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§ 970.01
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Any person who is arrested shall be taken within a reasonable time before a judge in the county in which the offense was alleged to have been committed.
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Wyoming
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Wyo. R. Crim. P. 5
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A person arrested and in custody shall be taken without unnecessary delay before a judicial officer of the court from which the warrant issued or if no warrant has issued before a judicial officer of the court where the charging document will be filed with the initial appearance to be in person or by video conferencing, at the discretion of the judicial officer.
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