After being arrested for a crime or taken to detox there are certain procedures and rules that go into effect. First, in order to arrest a person an officer must have probable cause to believe that a crime has occurred. Within 48 hours of being arrested a judge must review the sworn testimony of the officer and determine whether or not probable cause exists to hold the person who has been arrested.
In addition to this probable cause determination, a person must be charged by complaint and brought before a judge on felony and gross misdemeanor crimes within 36 hours of the day of the arrest. Unlike the "48 Hour Rule" mentioned above, these 36 hours do not count the day of the arrest, Sundays or legal holidays. When the person appears in front of the judge at this hearing the judge will usually set conditions of release and/or bail.
Our Minnesota DWI Lawyers know how to proceed with your jail/detox release
In some counties and under some circumstances it may be possible to be released from jail without appearing before a judge. If someone you know has been arrested and you are trying to get them released from jail call our office and speak with one of our attorneys. We will be able to tell you whether or not release from jail is possible and or likely.
Are you also facing drunk driving charges? Contact one of our Minnesota DWI Attorneys today.
If someone you know has been taken to a "Detox Facility" this usually means that there has been an "Emergency Hold" placed on them under Minn. Stat. 235.05B. Usually there is a 72 hour hold placed on a person before they can be released from the facility. In some circumstances a judge may allow a person to be released early from the facility. Contact one of our attorneys to find out how to get someone released from one of these facilities.