How Long Can the Police in Minnesota Keep Me in Jail Without Seeing a Judge?
In Minnesota, whenever someone, either adult or juvenile, is arrested with or without a warrant for a misdemeanor, gross misdemeanor or felony, both the 36-hour and 48-hour rules apply that will dictate how long the police can hold them before either charging them, bringing them before a Judge or releasing them. If your loved one has been arrested in Minnesota and you are counting the hours, you should contact an experienced Minnesota criminal Defense lawyer immediately.
“Its important to note that these timeline requirements may feel more like exceptions rather than rules and people are frequently held for longer than 36 or 48 hours.”
The 36-Hour Rule
In Minnesota, the 36-Hour Rule states that after being arrested, the person must be brought before a Judge within 36 hours. If it were that simple, there wouldn’t be so much confusion. However, there are a long list of exclusions that can extend that 36 hour time period substantially. For warrantless arrests of adults, the exclusions include:
the day of arrest;
Sundays; and
Legal Holidays.
For juveniles, the exclusions include:
the day of arrest;
Saturdays;
Sundays; and
Legal Holidays.
For instance, if somebody is charged on Friday at noon, Friday and Sunday don’t count which means they should be charged by Monday at noon or be released. It should be noted that even this rule is sometimes not followed to the letter. The Court has the ability “for cause” to extend the 36-Hour Rule and it absolutely happens. Even worse, if it is violated, its unlikely that the charged will be dismissed.
It should be added that this time limit applies to those people arrested without a warrant. If they were arrested because of an existing warrant, both weekends and holidays are counted which should shorten the timeline. A lawyer ay be particularly helpful in controlling timelines for existing warrants in order to limit the amount of custody time for the person appears before the Court. Contact an experienced criminal defense attorney for more on this.
The 48-Hour Rule
The 48-hour rule in Minnesota states that a person cannot be detained for more than 48 hours from the time of arrest unless a a judge has signed a complaint (the person has been charged) or the Judge has made a judicial determination that probable cause exists. This judicial determination is generally either:
the judge signs a formal complaint from the prosecutor; or
signing a finding of probable cause based upon a police officer’s affidavit of warrantless arrest.decided that there is probable cause to hold the person for a longer period of time.
If neither events take place, the person must be released after 48 hours.
The 48-Hour Rule is different that than 36-Hour Rule in that there are not supposed to be exclusions. The clock is supposed to start ticking upon arrest and runs continuously. And yet, sometimes logic may not feel like it applies. In this world, the 36-Hour Rule can very well take longer than the 48-Hour Rule. The Rules are supposed to be separate and distinct and law enforcement must comply with both rules individually.
What Happens If The Rules are Violated?
If your loved one has been held by the police and these timelines expire, the Rules say that they should be released from custody. This doesn’t mean that they won’t be charged later and maybe even re-arrested. It just means that they should be released in the short term.
“The problem with these timeline rules is that there is little cost upon the government if they violate them so they becomes a general guidelines.”
If they are not released, sadly, this doesn’t necessarily mean that there case will be dismissed because the rule was violated. However, under extreme circumstances it may impact what happens in the case itself.
If you or a loved one are being held in custody and are facing serious criminal charges in Minnesota, sit down with an experienced criminal defense attorney. Jack Rice is a former prosecutor, former U.S. Federal Agent, Board Certified Criminal Law Specialist and founder of Jack Rice Defense. Contact us for a free confidential consultation or call 651-447-7650 or 612-227-1339.