The 48-hour rule is a criminal procedure that protects the rights of those who have been arrested without a warrant. It states that if anyone has been arrested without a warrant based solely on an officer’s determination of probable cause, such a person has the right to a hearing within 48 hours following their arrest. This rule is in place to ensure that an individual’s rights are protected and that they are not held in custody for an unreasonable amount of time.
The 48-hour rule is designed to provide an independent review of the arrest and to ensure that the individual is not held in custody for an unreasonable amount of time. During the hearing, an independent judge will review the evidence and determine whether or not there is probable cause to continue to hold the individual in custody. If the judge finds that there is not sufficient evidence to continue to hold the individual, they will be released.
The 48-hour rule is important because it helps to protect the rights of those who have been arrested without a warrant. It ensures that an individual is not held in custody for an unreasonable amount of time and that they have the opportunity to have their case heard by an independent judge.
Whether or not the 48-hour rule includes weekends or holidays is within each court’s discretion. However, in most cases, the 48-hour rule applies to all days of the week, including weekends and holidays. This means that if someone is arrested on a Friday, they will have their hearing by the following Monday.
The 48-hour rule is an important part of criminal procedure and is designed to protect the rights of those who have been arrested without a warrant. It ensures that an individual is not held in custody for an unreasonable amount of time and that they have the opportunity to have their case heard by an independent judge. It is important to remember that if anyone has been arrested without a warrant, they have the right to a hearing within 48 hours following their arrest.
