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Section 44 – Right to and Appointment of Counsel

by admin | May 8, 2021 | Criminal Procedure, Federal

(a) RIGHT TO APPOINTED COUNSEL. A defendant who is unable to obtain counsel is entitled to have counsel appointed to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.(b) APPOINTMENT...

Section 43 – Defendant’s Presence

by admin | May 8, 2021 | Criminal Procedure, Federal

(a) WHEN REQUIRED. Unless this rule, Rule 5, or Rule 10 provides otherwise, the defendant must be present at:(1) the initial appearance, the initial arraignment, and the plea;(2) every trial stage, including jury impanelment and the return of the verdict; and(3)...

Section 42 – Criminal Contempt

by admin | May 8, 2021 | Criminal Procedure, Federal

(a) DISPOSITION AFTER NOTICE. Any person who commits criminal contempt may be punished for that contempt after prosecution on notice. (1)Notice. The court must give the person notice in open court, in an order to show cause, or in an arrest order. The notice must:(A)...

Section 41 – Search and Seizure

by admin | May 8, 2021 | Criminal Procedure, Federal

(a) SCOPE AND DEFINITIONS.(1)Scope. This rule does not modify any statute regulating search or seizure, or the issuance and execution of a search warrant in special circumstances.(2)Definitions. The following definitions apply under this rule: (A)...

Section 40 – Arrest for Failing to Appear in Another District or for Violating Conditions of Release Set in Another District

by admin | May 8, 2021 | Criminal Procedure, Federal

(a) IN GENERAL. A person must be taken without unnecessary delay before a magistrate judge in the district of arrest if the person has been arrested under a warrant issued in another district for: (i) failing to appear as required by the terms of that person’s...