How Long Can Suspects Be Detained in Jail in Minnesota? [infographic]

Under Minnesota law, any adult suspect that’s arrested without a warrant and taken into custody must be brought before a judicial officer or judge within 36 hours after arrest.

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What is the 36-Hour Rule?

The 36-hour rule states that any adult arrested under suspicion of a crime without a warrant can only be held in custody for 36 hours before seeing a judge. The rule applies to all misdemeanor, gross misdemeanor, and felony warrantless arrests in Minnesota. In misdemeanor cases, a suspect must be brought before a judge within 36 hours or released with a written citation.

Under the 36-hour rule, the clock begins at midnight on the day of the arrest, excluding Sundays and legal holidays. If a suspect is arrested with a warrant, weekends and legal holidays are included in the 36-hour time frame. A properly filed complaint must be presented to the judge prior to the court appearance, otherwise, the suspect must be released.

In some cases, the 48-hour rule may apply. It states that any adult or juvenile arrested without a warrant may not be detained longer than 48 hours unless there is probable cause for continued detention. The 48-hour clock starts ticking when the suspect is arrested and runs continuously for the next 48 hours, including the arrest day, weekends, and legal holidays. Both the 36-hour and 48-hour rules must be followed when detaining a suspect.

In Minnesota, a person suspected of committing a crime can be arrested under four conditions:

  • Citation – Law enforcement can issue a citation to a suspect that explains charges and gives a date to appear in court.
  • Complaint or Summons – A complaint is a written document charging a suspect with a criminal offense, typically mailed to suspects for less serious criminal charges and non-violent offenses. A summons is a written notification ordering a court appearance to answer allegations in a complaint.
  • Arrest with a Warrant – If the court determines probable cause that a suspect committed a crime, a judge may sign a warrant for the suspect’s arrest. Warrants are typically issued for felony and violent offenses.
  • Arrest without a WarrantIf police witness a crime or respond to a scene where it’s determined a crime was committed, a suspect may be arrested without a warrant.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.