Section 120.90. Warrant of arrest; procedure after arrest


Latest version.
  • 1.    Upon arresting a defendant for any offense pursuant to a warrant
      of arrest in the county in which the warrant is  returnable  or  in  any
      adjoining  county,  or  upon  so arresting him for a felony in any other
      county, a police officer, if he be one to whom the warrant is addressed,
      must without unnecessary delay bring  the  defendant  before  the  local
      criminal court in which such warrant is returnable.
        2.    Upon arresting a defendant for any offense pursuant to a warrant
      of arrest in a county adjoining the  county  in  which  the  warrant  is
      returnable, or upon so arresting him for a felony in any other county, a
      police  officer,  if he be one delegated to execute the warrant pursuant
      to section 120.60, must without unnecessary delay deliver the  defendant
      or  cause  him  to be delivered to the custody of the officer by whom he
      was so delegated, and the  latter  must  then  proceed  as  provided  in
      subdivision one.
        3.    Upon  arresting  a  defendant for an offense other than a felony
      pursuant to a warrant of arrest in a county other than the one in  which
      the  warrant  is returnable or one adjoining it, a police officer, if he
      be one to whom the warrant is addressed, must inform the defendant  that
      he  has a right to appear before a local criminal court of the county of
      arrest for the purpose of being released  on  his  own  recognizance  or
      having bail fixed.  If the defendant does not desire to avail himself of
      such  right,  the officer must request him to endorse such fact upon the
      warrant, and upon such endorsement the officer must without  unnecessary
      delay bring him before the court in which the warrant is returnable.  If
      the  defendant  does  desire  to  avail  himself of such right, or if he
      refuses to make the aforementioned endorsement, the officer must without
      unnecessary delay bring him before a local criminal court of the  county
      of   arrest.    Such  court  must  release  the  defendant  on  his  own
      recognizance or fix bail for his appearance on a specified date  in  the
      court  in  which  the  warrant  is  returnable.   If the defendant is in
      default of bail, the officer must without unnecessary  delay  bring  him
      before the court in which the warrant is returnable.
        4.    Upon  arresting  a  defendant for an offense other than a felony
      pursuant to a warrant of arrest in a county other than the one in  which
      the  warrant  is returnable or one adjoining it, a police officer, if he
      be one delegated to execute the warrant pursuant to section 120.60,  may
      hold  the  defendant in custody in the county of arrest for a period not
      exceeding two hours for the purpose of delivering him to the custody  of
      the  officer  by  whom  he was delegated to execute such warrant. If the
      delegating officer receives custody of the defendant during such period,
      he must  proceed  as  provided  in  subdivision  three.  Otherwise,  the
      delegated  officer  must  inform  the  defendant  that he has a right to
      appear before a local criminal court for the purpose of  being  released
      on his own recognizance or having bail fixed.  If the defendant does not
      desire  to  avail himself of such right, the officer must request him to
      make, sign and deliver to him a written statement of such fact,  and  if
      the  defendant  does so, the officer must retain custody of him but must
      without unnecessary delay deliver him or cause him to  be  delivered  to
      the  custody  of  the  delegating  police officer. If the defendant does
      desire to avail himself of such right, or if  he  refuses  to  make  and
      deliver the aforementioned statement, the delegated or arresting officer
      must  without  unnecessary delay bring him before a local criminal court
      of the county of  arrest  and  must  submit  to  such  court  a  written
      statement  reciting  the  material  facts concerning the issuance of the
      warrant, the offense involved, and all other essential matters  relating
      thereto.  Upon the submission of such statement, such court must release
      the  defendant on his own recognizance or fix bail for his appearance on
    
      a specified date in the court in which the warrant is  returnable.    If
      the  defendant is in default of bail, the officer must retain custody of
      him but must without unnecessary delay deliver him or cause  him  to  be
      delivered to the custody of the delegating officer.  Upon receiving such
      custody,  the  latter must without unnecessary delay bring the defendant
      before the court in which the warrant is returnable.
        5. Whenever a police officer is required pursuant to this  section  to
      bring  an  arrested  defendant before a town court in which a warrant of
      arrest is returnable, and if such town court is  not  available  at  the
      time,  such  officer  must,  if  a  copy  of  the  underlying accusatory
      instrument has been attached to the warrant pursuant to section  120.40,
      instead bring such defendant before any village court embraced, in whole
      or  in  part,  by such town, or any local criminal court of an adjoining
      town or city of the same county or any village court embraced, in  whole
      or  in part, by such adjoining town. When the court in which the warrant
      is returnable is a village court which is not available at the time, the
      officer must in such circumstances bring the defendant before  the  town
      court  of  the  town  embracing  such village or any other village court
      within such town or,  if  such  town  court  or  village  court  is  not
      available either, before the local criminal court of any town or city of
      the  same  county which adjoins such embracing town or, before the local
      criminal court of any village embraced in  whole  or  in  part  by  such
      adjoining  town.  When the court in which the warrant is returnable is a
      city court which is not available at the time, the officer must in  such
      circumstances bring the defendant before the local criminal court of any
      adjoining town or village embraced in whole or in part by such adjoining
      town of the same county.
        6.   Before bringing a defendant arrested pursuant to a warrant before
      the local criminal court in which such warrant is returnable,  a  police
      officer  must  without  unnecessary delay perform all fingerprinting and
      other preliminary police duties required in the particular case.  In any
      case in which the defendant is not brought by a  police  officer  before
      such  court  but,  following his arrest in another county for an offense
      specified in subdivision one of section 160.10, is released by  a  local
      criminal  court  of such other county on his own recognizance or on bail
      for his appearance on a specified date before the local  criminal  court
      before  which  the  warrant  is  returnable, the latter court must, upon
      arraignment of the defendant before it, direct that he be  fingerprinted
      by  the  appropriate  officer  or  agency,  and  that  he  appear  at an
      appropriate designated time and place for such purpose.
        7.   Upon arresting a juvenile  offender,  the  police  officer  shall
      immediately  notify  the  parent or other person legally responsible for
      his care or the person with whom he  is  domiciled,  that  the  juvenile
      offender has been arrested, and the location of the facility where he is
      being detained.