Rule 5. Appearance before the Justice of the Peace acting as committing magistrate

(a) In general. An officer making an arrest under a warrant issued upon a complaint or any person making an arrest without a warrant shall take the arrested person without unreasonable delay before the nearest available Justice of the Peace Court of the county in which the offense is alleged to have been committed or such other Justice of the Peace Court as provided by the warrant or by statute, court rule or administrative order. If a person arrested without a warrant is brought before a Justice of the Peace, a complaint shall be filed forthwith, which shall comply with the requirements of Rule 4(a) with respect to the showing of probable cause. When a person, arrested with or without a warrant or given a summons, appears initially before the Justice of the Peace, the Justice of the Peace shall proceed in accordance with the applicable subsections of this rule.

(b) Offenses triable by the Justice of the Peace Court. If the charge against the defendant is triable by the Justice of the Peace Court, the Justice of the Peace may proceed to try or otherwise dispose of the charge in accordance with the rules of procedure of the Justice of the Peace Court.

(c) Offenses not triable by the Justice of the Peace Court. If the Justice of the Peace Court does not try or otherwise dispose of the charge against the defendant under subsection (b) of this rule, the defendant shall not be called upon to plead. The Justice of the Peace shall inform the defendant of the defendant's right to retain counsel or to request the assignment of counsel if the defendant is unable to obtain counsel, and of the general circumstances under which the defendant may secure pretrial release. The Justice of the Peace shall inform the defendant that the defendant is not required to make a statement and that any statement made by the defendant may be used against the defendant. The Justice of the Peace shall also inform the defendant of the right to a preliminary examination. The Justice of the Peace shall allow the defendant reasonable time and opportunity to consult counsel and shall detain or conditionally release the defendant as provided by statute or in these rules.

(d) Scheduling preliminary examination. A defendant is entitled to a preliminary examination when charged with any offense that is within the exclusive jurisdiction of, or that the attorney general chooses to prosecute in, Superior Court. The preliminary examination shall be held in either the Court of Common Pleas or in the Family Court, as appropriate. Such examination shall be held within a reasonable time, but in any event not later than 10 days following the initial appearance if the defendant is in custody and no later than 20 days if the defendant is not in custody provided, however, that the preliminary examination shall not be held if the defendant is indicted or if an information against the defendant is filed in Superior Court before the date set for the preliminary examination. History. Amended May 18, 2021.