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40cal · 05-12-2006, 04:38 AM

In MN we have a 36 hr rule and a 48 hr rule which have to be followed. It is not uncommon to have people arrested on felonies be released pending futher invetigation, formal complaint, or a variety of other reasons.

The 36 hr rule:

You cannot be held in excess of the 36 hr rule BUT
it does not count the day of arrest, sundays or holidays.

Sooooo.....You get arrested Friday morning at 0001 hrs. You get held all of friday, saturday counts towards the 36 hr rule, so when you are held through saturday that is 24 out of the 36 hrs. Sunday doesn't count. Monday is memorial day, labor day, MLK day or whatever, so that doesn't count. So tuesday at 1200 your time expires, and you are released.

Since we in MN are real nice, that is no good. We can't have people being held for so long, so there is the 48 hr rule. The 48 hr rule starts at the time of arrest, and runs straight through. So if you are arrested at 0001 hrs on Friday, your time expires at 0001 hrs on Sunday.

Worse yet, you are arrested at 1800 hrs on Friday (prosecutors have banker's hours so they are gone for the weekend) and the person's time will expire on Sunday at 1800 hrs. What do you do? You obviously cannot get the person charged prior to Sunday at 1800.

Sooooo....depending on what county in MN you are in, you may have to:
1. page the on-call prosecutor who ok's you to page the on-call judge. If the judge responds (usually they do) you run the basics of the case by the judge. The judge can set a bail, release the person, or hold them and basically apply the 36 hr rule to the suspect. So on a normal weekend, that would be Monday at 1200. That means Monday morning the prosecutor will have to draft a criminal complaint, (procedures differ from county to county) the complaint may have to be signed, notorized and given to the judge, or signed in front of the judge, or blah blah blah blah The suspect is then brought before the judge, and he/she can release, hold for bail, hold without bail etc...
2. some counties you fill out a short probable cause statement which is automatically reviewed by the judge
3. You fill out a 6 page form, which includes a probable cause statement but have to fill in a bunch of stuff.

I'm guessing since the victim portrayed herself as 18 rather than her real age, they released the suspect so they could look in to the legalities further.

05-12-2006, 04:38 AM	#7 (permalink)
40cal Forte User Join Date: Dec 2005 Location: Minnesota Posts: 1,273	In MN we have a 36 hr rule and a 48 hr rule which have to be followed. It is not uncommon to have people arrested on felonies be released pending futher invetigation, formal complaint, or a variety of other reasons. The 36 hr rule: You cannot be held in excess of the 36 hr rule BUT it does not count the day of arrest, sundays or holidays. Sooooo.....You get arrested Friday morning at 0001 hrs. You get held all of friday, saturday counts towards the 36 hr rule, so when you are held through saturday that is 24 out of the 36 hrs. Sunday doesn't count. Monday is memorial day, labor day, MLK day or whatever, so that doesn't count. So tuesday at 1200 your time expires, and you are released. Since we in MN are real nice, that is no good. We can't have people being held for so long, so there is the 48 hr rule. The 48 hr rule starts at the time of arrest, and runs straight through. So if you are arrested at 0001 hrs on Friday, your time expires at 0001 hrs on Sunday. Worse yet, you are arrested at 1800 hrs on Friday (prosecutors have banker's hours so they are gone for the weekend) and the person's time will expire on Sunday at 1800 hrs. What do you do? You obviously cannot get the person charged prior to Sunday at 1800. Sooooo....depending on what county in MN you are in, you may have to: 1. page the on-call prosecutor who ok's you to page the on-call judge. If the judge responds (usually they do) you run the basics of the case by the judge. The judge can set a bail, release the person, or hold them and basically apply the 36 hr rule to the suspect. So on a normal weekend, that would be Monday at 1200. That means Monday morning the prosecutor will have to draft a criminal complaint, (procedures differ from county to county) the complaint may have to be signed, notorized and given to the judge, or signed in front of the judge, or blah blah blah blah The suspect is then brought before the judge, and he/she can release, hold for bail, hold without bail etc... 2. some counties you fill out a short probable cause statement which is automatically reviewed by the judge 3. You fill out a 6 page form, which includes a probable cause statement but have to fill in a bunch of stuff. I'm guessing since the victim portrayed herself as 18 rather than her real age, they released the suspect so they could look in to the legalities further.