Local Rule 88.11: AFTER HOURS CRIMINAL DUTY PROCEDURES
S.D. Fla. — Criminal rule
RULE 88.11 AFTER HOURS CRIMINAL DUTY PROCEDURES
When a defendant is arrested, the Duty Assistant United States Attorney shall promptly notify the Duty Magistrate Judge of the arrest. The Duty Magistrate Judge may order the arrestee released on an interim bond or may order the arrestee held in custody pending an initial appearance at the next available Duty Magistrate Judge Court session.
If the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit the bond information to the Duty Marshal and/or the arresting agents for transmittal to the receiving institution.
Arrests occurring after 10:00 p.m. need not be communicated to the Duty Magistrate Judge that night, but shall be reported by the Duty Assistant United States Attorney to the Duty Magistrate Judge the following morning prior to the Duty Magistrate Judge Court session. In emergency situations, the Duty Magistrate Judge may be contacted at any hour.
When a criminal complaint is required, that complaint must be presented to the Duty Magistrate Judge for review and approval within the earlier of forty-eight (48) hours after the arrest or the arrestee's initial appearance.
All arrests (including but not limited to arrests on warrants where bonds have already been endorsed/set) shall be reported to the Duty Magistrate Judge by the Duty Assistant United States Attorney.
If an arrested individual does not have retained counsel, court personnel will notify the Federal Public Defender of the arrest. Nothing in this Rule requires a law enforcement officer to question an arrestee about whether the person has retained counsel.
Effective April 15, 2006. Amended effective April 15, 2007; December 1, 2011; December 1, 2015; December 2, 2024; December 1, 2025.