Rule 5 Initial Appearance Before the District Court

(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 arrest person without unnecessary delay before the next sitting of the district court. If a person arrested without a warrant is brought before the district court, a complaint shall be filed forthwith which shall comply with the requirements of 2(a) TCRCrP 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 district court, the district court shall proceed in accordance with the applicable subdivisions of this rule.

(b) If the charge against the defendant is triable by the district court, the district court shall proceed in accordance with these rules and any applicable statutes.

(c) Offenses Not Triable by a District Court Judge. If the charge against the defendant is not triable by a district court judge, the defendant shall not be called upon to plead. The district court judge shall inform the defendant of the complaint against him and of any affidavit filed therewith, of his right to retain counsel, of his right to request the assignment of counsel if he is unable to obtain counsel, and of the general circumstances under which he may secure pretrial releases. He shall inform the defendant that he is not required to make a statement and that any statement made by him may be used against him. The judge shall also inform the defendant of his right to a preliminary examination. He shall allow the defendant reasonable time and opportunity to consult counsel and shall admit the defendant to bail as provided by statute or in these rules. A defendant is entitled to a preliminary examination, unless waived, when charged with any offense other than a misdemeanor which is to be tried by the High Court. If the defendant waives preliminary examination, the district court judge shall forthwith hold him to answer in the High Court. If the defendant does not waive the preliminary examination, the judge shall schedule a preliminary examination. 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 he is not in custody. With the consent of the defendant and upon a showing of good cause, taking into account the public interest in the prompt disposition of criminal cases, time limits specified in this subdivision may be extended one or more times by the district court judge. In the absence of such consent by the defendant, time limits may be extended by the district court judge only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interests of justice.