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1 [1] (July 30, 2025)

handle is hein.crs/agfs0001 and id is 1 raw text is: Fed. R Crim. P. 3,4,5 First, complaint, affidavit, and warrant or summons are signed by judicial officer Then, defendant is arrested pursuant to arrest warrant or served with summons for initial appearance OR Defendant arrested without warrant Arrest with Warrant: Warrant must command law enforcement officer to arrest and bring defendant before judicial officer without unnecessary delay (Rule 4(b)(1)(Q)° Arrest Without Warrant: For warrantless arrest, complaint must be filed promptly (Rule 5(b))c Fed. R. Crim. P. 5 At initial appearance, judicial officer advises the defendant of certain information, including: • Pending charges • Maximum penalties • Right to counsel • Right to a preliminary hearing - Right to remain silent • General circumstances of pretrial release Summons sets a date OR Defendant must be presented to a judicial officer without unnecessary delay' 18 U.S.C.§ 3142d Judicial officer issues: • A detention order if the defendant meets condition(s) specified in statute (e.g., defendant might harm others) OR • A release order with conditions if such conditions will reasonably assure the defendant's appearance and safety of the community Must be held immediately upon the defendant's first appearance, unless: • The defendant seeks a continuance - not to exceed 5 days unless good cause shown • The government seeks a continuance - not to exceed 3 days unless good cause shown Fed. R. Crim. R 5.1 Magistrate judge: • Requires defendant to appear for further proceedings if judge finds probable cause that the defendant has committed an offense OR - Dismisses the complaint and discharges defendant where no probable cause found Within 14 days after initial appearance OR Within 21 days if not in custody OR Not at all if defendant waives hearing or is formally charged by indictment/ information (Rule 5.1(a)) 18 U.S.C. § 3161(b) and Fed. R. Crim. P. 7 or 58 Grand jury returns indictment (for crimes punishable by more than one year in prison) (Rule 7) OR Government files information (for crimes punishable by one year or less in prison) (Rule 58) Within 30 days from date defendant is arrested or served with a summons (60 days for a felony charge if a grand jury was not in session for the original 30-day period)