S.D. Fla. L.R. 88.11

When a defendant is arrested, the Duty Assistant United States Attorney shall promptly notify the

Duty Magistrate Judge of the arrest. The Duty Magistrate Judge may order the arrestee released

on an interim bond or may order the arrestee held in custody pending an initial appearance at the

next available Duty Magistrate Judge Court session.

If the Duty Magistrate Judge sets a bond, the Duty Assistant United States Attorney shall transmit

the bond information to the Duty Marshal and/or the arresting agents for transmittal to the

receiving institution.

Arrests occurring after 10:00 p.m. need not be communicated to the Duty Magistrate Judge that

night, but shall be reported by the Duty Assistant United States Attorney to the Duty Magistrate

Judge the following morning prior to the Duty Magistrate Judge Court session. In emergency

situations, the Duty Magistrate Judge may be contacted at any hour.

When a criminal complaint is required, that complaint must be presented to the Duty Magistrate

Judge for review and approval within the earlier of forty-eight (48) hours after the arrest or the

arrestee’s initial appearance.

All arrests (including but not limited to arrests on warrants where bonds have already been

endorsed/set) shall be reported to the Duty Magistrate Judge by the Duty Assistant United States

Attorney.

If an arrested individual does not have retained counsel, court personnel will notify the Federal

Public Defender of the arrest. Nothing in this Rule requires a law enforcement officer to question

an arrestee about whether the person has retained counsel.