Under the SAFE-T Act, a defendant is to see a judge within 48 hours. Currently with the statute on statutes legal principal in place, it gets around conducting a hearing on a weekend or holiday. However, Warren County State’s Attorney Tom Siegel states it could eventually come down to that 48 hours means 48 hours, regardless of the day of the week:
“When the defendant first appears in front of the judge is when we have to have everything ready. It the statute says 48 hours, you are going to have some of those times fall on weekends and holidays. Without getting too deep into the weeds, there is a legal principal founded on something called the statute on statutes and that is how we are operating currently and it gets around the weekend and holiday thing. I think eventually the appellate court will probably weigh in and say 48 hours means 48 hours. When they do that we will have to conduct these hearings on holidays, weekends, so forth; which isn’t a huge deal for some of us, as attorneys, prosecutors, and judges. The difficulty that the public defender will be required to be there now. We will need court reporters. Likewise you will now have to open a courthouse. If you open a courthouse, you need court security.”
State’s Attorney Siegel informs conducting bond hearings on a weekend or holiday within that 48 hours would only change if the appellate court were to make the change.
For the entire interview with Siegel, click here.
