When an arrest is made, whether with or without a warrant, the arrested person shall be brought without unnecessary delay, to the next scheduled Initial Appearance Hearing, in accordance with Superior Court Rule 123(b). Where the arrest is made without a warrant, a complaint must be filed prior to the next scheduled Initial Appearance.
In accordance with Superior Court Rule 123(a), the time for an Initial Appearance of an arrested person (arrestee) shall be set for 11:00 a.m. on regular workdays, unless otherwise scheduled or rescheduled by the Court.
Prior to the Initial Appearance Hearing, the Attorney General shall prepare and file a complaint which recites the charge, the applicable statutory citation in accordance with Rule 123(a)(5).
In accordance with Superior Court Rule 123(b)(c), during the Initial Appearance Hearing, the Court shall examine the complaint, arresting officer, and/or any other witnesses to the crime under oath. The defendant may cross-examine witnesses against him. If it appears from the evidence presented that there is probable cause to believe that an offense has been committed and that the defendant committed it, the Judge shall forthwith hold the Defendant to answer the complaint. The finding of probable cause may be based upon hearsay evidence in whole or in part.
If the judge determines at the Initial Appearance hearing that there is no probable cause to believe that an offense has been committed or that the accused committed it, the Court shall dismiss the proceeding, discharge the accused, and exonerate any bail posted. The discharge of the accused shall not preclude the Government from instituting a subsequent prosecution for the same offense.