Delaying Initial Appearances and Detaining Impaired Drivers

After law enforcement arrests someone, they must take that person before a judicial official “without unnecessary delay” pursuant to G.S. 15A-501(2). This is for the judicial official—often a magistrate—to conduct an initial appearance. During an initial appearance, magistrates review the validity of the arrest, issue charging documents, inform the arrested person of their rights, and set pretrial release conditions (if the person is eligible). Considering these essential tasks, when may law enforcement or magistrates delay an initial appearance? And how would a delay affect a magistrate’s decision to impose an impaired driver hold under G.S. 15A-534.2, or vice versa? Read on to find out. Delaying the initial appearance. There are a few circumstances where law enforcement or magistrates may delay conducting an initial appearance. Sometimes, it is clear immediately upon arrest that a person’s initial appearance will need to be delayed, and sometimes, a magistrate will only realize an initial appearance will need to be delayed after it has begun. In these circumstances, a magistrate may pause the initial appearance and impose a delay until the initial appearance can be resumed. Three circumstances where an initial appearance may be delayed or paused include: (1) when a person requires hospital treatment; (2) when a person refuses to be identified; and (3) when a person is unruly, unconscious, or intoxicated to the extent that it would impede the proceedings or the person would not understand their procedural rights. Hospital trips. There are times that a person will require hospital care after they have [...]