Also known as: post arrest hearing · postarrest hearing · initial appearance · arraignment hearing
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding held promptly after arrest in which a defendant is brought before a judicial officer for advice of charges, appointment of counsel if needed, and determination of release conditions.
Pierce Patterson is arrested on federal fraud charges and states he cannot afford an attorney. At the post-arrest hearing the magistrate judge appoints counsel to represent him through all stages of the case because no waiver occurred.
Priscilla Parks is arrested in the district where the alleged offense occurred. Officers bring her to a state judicial officer for the post-arrest hearing because no federal magistrate is reasonably available that evening.
Pedro Pacheco appears at his post-arrest hearing on Monday. The government must file its organizational-victim statement within twenty-eight days of that appearance under the applicable timing rule.
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The warrant must command that the defendant be brought without unnecessary delay before a magistrate judge or, if none is reasonably available, before a state or local judicial officer. Holding a defendant overnight solely for an issuing magistrate's convenience violates this requirement.
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When the government attorney requests a summons and probable cause exists, the judge must issue the summons directing the defendant to appear at a stated time and place. The choice belongs to the prosecutor once probable cause is found.
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The rule requires appointment of counsel at every stage from initial appearance through appeal unless waived. It does not itself mandate separate conflict inquiries. Those obligations appear in other provisions.
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