It is well settled that and common knowledge that
anyone arrested has the legal right not to speak to anyone, until he or she
consults with a criminal defense attorney. Miranda v. Arizona, 384 U.S. 436 (1964)
What is not well known, however, is that the federal
authorities must promptly bring the arrested person before a magistrate or
district court judge within six-hours of the arrest.
Pursuant to 18 U.S.C. Section 3501(c), a
person arrested by federal authorities must be brought before a judicial
officer within six-hours (with some
flexibility for distance, transportation and availability of Judge) of the
arrest.
In the Supreme Court case, Corley v. United
States, 556 U.S. 303 (2009) our Supreme Court held that a 29-hour delay was
unacceptable and that the confession made during that period was inadmissible. In
McNabb v. United States, 318 U.S. 332 (1943); Mallory v. United
States 354 U.S. 449 (1957), it was established that a confession which
violates the prompt presentment requirement of F.R.C.P. 5(a) generally
renders said confession inadmissible, even if the confession was made
voluntarily.
If you have been arrested or charged with a federal
crime you should immediately consult and retain an experienced federal district court
criminal attorney
to protect your rights.
Law Office of Vincent J. Sanzone, Jr., Esq. (Elizabeth,
N.J.)
Telephone: (908) 354-7006; Cell Phone (201) 240-5716
CriminalDefenseNJ.com
