Rule of Criminal Procedure 5

## Rules of Criminal Procedure

* Rule 1 - Scope; Definitions
* Rule 2 - Interpretation
* Rule 3 - The Complaint
* Rule 4 - Arrest Warrants
* **Rule 5 - Initial Appearance**
* Rule 6 - Joinder
* Rule 7 - Discovery
* Rule 8 - Continuing Jurisdiction
* Rule 9 - Trial Procedure
* Rule 10 - Verdict
* Rule 11 - Criminal Contempt
* Rule 12 - Defendant's Presence
* Rule 13 - Release from Custody
* Rule 14 - Records
* Rule 15 - Victim's Rights

*See Stormwind Rules of Criminal Procedure*

## Rule 5. Initial Appearance.

### **A. In General.**

1. A person making an arrest within the Kingdom of Stormwind must take the defendant without unnecessary delay before a magistrate, unless a statute provides otherwise.
2. A person making an arrest outside the Kingdom of Stormwind must take the defendant without unnecessary delay before a magistrate, unless a statute provides otherwise.
3. A defendant receiving a citation for a fine-only offense shall be directed to appear before a magistrate within seven days of the filing of the complaint.

### **B. Arrest Without a Warrant.**

If a defendant is arrested without a warrant, a complaint meeting Rule 3’s requirements must be promptly filed in the district where the offense was allegedly committed.

### **C. Procedure.**

1. *Advice.* The magistrate must, in open court:

* a. read to the defendant the complaint, and ensure that the defendant understands the substance of the charge or charges;
* b. ensure that the defendant has a copy of the complaint, and any affidavit filed with it;
* c. the defendant’s right to retain counsel or to request that counsel be appointed if the defendant cannot obtain counsel;
* d. the circumstances, if any, under which the defendant may secure pretrial release; and
* e. that a defendant who is not a Stormwind citizen may request that an attorney for the government or a law enforcement official notify a consular officer from the defendant’s country of nationality that the defendant has been arrested — but that even without the defendant’s request, a treaty or other international agreement may require consular notification.

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2. *Consulting with Counsel.* The magistrate must allow the defendant reasonable opportunity to consult with counsel.
3. *Detention or Release.* The magistrate must detain or release the defendant as provided by statute or these rules.
4. *Plea.* A defendant shall be asked to enter a plea.
5. *Pretrial Scheduling.* The magistrate must set dates for discovery by prosecution and defense, and for the trial.

### **D. Waiving Appearance.**

A defendant need not be present for the initial appearance if:

1. the defendant has been charged by citation for a fine-only offense;
2. the defendant, in a written waiver signed by both the defendant and defense counsel, has waived appearance and has affirmed that the defendant received a copy of the indictment or information and that the plea is not guilty; and
3. the court accepts the waiver.

### **E. Discharging the Defendant.**

If the magistrate finds no probable cause to believe an offense has been committed or the defendant committed it, the magistrate must dismiss the complaint and discharge the defendant. A discharge does not preclude the government from later prosecuting the defendant for the same offense.

### **F. Scheduling.**

The magistrate must hold the trial within a reasonable time, but no later than 14 days after the initial appearance if the defendant is in custody and no later than 30 days if not in custody. Before the initial appearance is concluded, the magistrate must schedule the court date or, if all parties consent, schedule a pretrial conference.

### **G. Extending the Time.**

With the defendant’s consent and upon a showing of good cause—taking into account the public interest in the prompt disposition of criminal cases—a magistrate may extend the time limits in Rule 5(F) one or more times. If the defendant does not consent, the magistrate may extend the time limits only on a showing that extraordinary circumstances exist and justice requires the delay.

## Commentary

A. Very simply put, nobody wants to have their character warehoused. Arresting someone and then forcing them to choose between waiting indefinitely, retconning their arrest, or being broken out of jail is borderline abusive behavior...so we don't allow it. If the complainant doesn't bring the case in a reasonable amount of time, the defendant gets to walk. You can still file later, but you can't just keep them locked up forever.

Rule 13 covers pretrial release.

C. This is the process you can expect from the magistrate. It's the magistrate's job to go along this checklist and ensure that the character--and player!--have everything they need to play defense.

F. This is to ensure that cases get dealt with within a reasonable amount of time.

***This rule was created by Jeremaias-MoonGuard and Arranax-MoonGuard based upon the Federal Rules of Criminal Procedure of the United States of America.***