If someone is arrested and taken to detox or jail, a sequence of procedures
begins starting with the arresting officer demonstrating that there was
probable cause to believe a crime occurred. A judge must then review the
sworn testimony of the officer within forty-eight hours of the arrest
to verify that the probable cause is sufficient enough to continue holding
them in detention.
Beyond the probable cause determination, the person will be brought in
front of a judge and charged with a complaint for felony or gross misdemeanor
charges within thirty-six hours of the arrest day. This “thirty-six
hour rule” differs from the “forty-eight hour rule”
previously mentioned because the thirty-six hours do not count the day
of the arrest, Sundays or any legal holidays that may occur during this
time period. Once a person has made their appearance before the judge,
the conditions of bail or release are usually agreed upon.
In Minnesota, some counties or circumstances allow a person to be release without appearing in front of a judge. If you know someone who has been arrested and you are trying to secure their release, call a qualified attorney. He or she will be able to determine whether a release is possible and advise you on the next steps to make.
If you know someone who has been taken into a detox facility, it generally means an “emergency hold” has been issued. Under these circumstances, seventy-two hours will need to pass before they can be released. Depending on the circumstances, a judge may grant early release. Consulting with an experienced attorney will help you find out if the person in question is eligible to be released early.
A seasoned attorney at Brockton D. Hunter will be able to advise family members on the best way to gain a release for their loved ones and move forward in the legal process.