27.02.090 Initial Appearance.
The initial appearance is a proceeding at which an individual first appears before the Court following an arrest for a criminal offense. The purpose of the initial appearance is for the judge to inform the defendant of the basis of their arrest, conduct a probable cause determination, advise the defendant of their rights, if necessary, appoint a public defender, and conduct a bail review hearing if applicable.
(1) After an arrest, police officers shall take the defendant before a judge without any unnecessary delay for an initial appearance, which must be held no later than 48 hours after the defendant is taken into custody, excluding weekends and legal holidays, unless good cause has been shown or at the request of the defendant.
(2) When the accused is arrested pursuant to a warrant, the judge may either:
(A) Admit the accused to bail or release them on personal recognizance, subject to the least restrictive conditions that will reasonably ensure the attendance of the accused at further Court proceedings, and supply the accused with a copy of the summons; or
(B) Order the accused to be held in custody and proceed without unnecessary delay with arraignment.
(3) If a defendant is arrested without a warrant, a complaint meeting CTC 27.02.030’s arrest warrant issuance requirement of probable cause or a statement of probable cause must be promptly filed with the Court Clerk, and a probable cause determination under subsection (3)(A) or (3)(B) of this section must immediately take place. The judge shall release the defendant from custody if no complaint or statement is filed at the time of the initial appearance.
(A) If the judge finds probable cause to believe an offense has been committed and the defendant committed it, the judge must require the defendant to appear for further proceedings.
(B) If no probable cause is found to continue the detention after a warrantless arrest, the person shall be released from custody without conditions and the complaint shall be dismissed without prejudice. A dismissal shall not preclude the prosecutor from later prosecuting the defendant for the same offense.
(4) Upon a finding of probable cause, the judge shall advise the defendant of the following rights:
(A) The right to be informed of the charge(s) in writing;
(B) The right to be informed of the maximum penalties for the charge(s);
(C) The right to confront and cross-examine witnesses against them;
(D) The right to present witnesses;
(E) The right to a trial by judge or jury of six persons, which may be waived in writing;
(F) The right to a speedy trial;
(G) The right to a public trial;
(H) The right to be protected against self-incrimination, which includes the right to testify or not testify;
(I) The right to be free from the threat of double jeopardy;
(J) The right to counsel at their own expense and effort, or the defendant may be eligible for the services of the public defender;
(K) The right to appeal a final decision; and
(5) The judge may admit the defendant to bail at the end of the initial hearing.