The 36-hour rule states that after an arrest, a person has 36 hours to appear before a judge, excluding the original day of his or her arrest. Sundays and public holidays are also excluded from the time calculation.
This means that if someone is arrested at 12 noon on Christmas Eve, December 24th, their 36-hour clock will not start ticking until midnight on December 26th. However, this only applies if the person was arrested without a warrant. If they were arrested on a warrant, weekends and public holidays also count, presumably because law enforcement had the opportunity to execute the warrant and make the arrest.
If the person was arrested for a misdemeanor and the 36-hour clock expires, the person must be released with a subpoena under Rule 6 of the Minnesota Code of Criminal Procedure.
The 48 hour rule states that a person may not be held in custody for more than 48 hours from the time of arrest unless the judge has signed a complaint and made an initial determination that there is a probable cause for the charge. or unless the judge determines that there is probable cause for detaining the person for an extended period of time.
If none of these events occur, the person should be discharged after 48 hours. This rule differs from the 36-hour rule in that every day is included in the calculation. This means that in the example above, a person arrested at 12 noon on Christmas Eve will be released at 12 noon on December 26, unless a judge has signed a complaint or determined that there is a probable cause for proceeding of imprisonment.
Where to get more help
If you or someone you love has been arrested and need help, or you are concerned that you or the person you love has been treated unfairly at the police station, reach out Contact the Stuart Miller Solicitors team. Our experienced team of criminal defense and civil rights attorneys are ready to assist you. If we see you have a viable case, we will fight to help you get justice. Contact us to schedule a free consultation today.
What happens if I become a victim of police misconduct?
Police misconduct is characterized by failure to fulfill official duties. This includes reading your pre-arrest rights and having reasonable reasons why the arrest is necessary. If you have been a victim of police misconduct, HNK attorneys can help you file a civil complaint against the police lawsuit.
If you have been detained under illegal circumstances that have affected you medically or financially, you may be entitled to compensation for unlawful detention. We hope this post has given you a better understanding of how long you can be held in police custody and your rights while in police custody.