W.R.Cr.P. 5

(a) Initial appearance before a judicial officer. — A person arrested and in

custody shall be taken without unnecessary delay before a judicial officer of the

court from which the warrant issued or if no warrant has issued before a

judicial officer of the court where the charging document will be filed with the

initial appearance to be in person or by video conferencing, at the discretion of

the judicial officer. Use of video conferencing at initial appearance shall be

governed by W.R.Cr.P. 43.1(b)(1). A person arrested without a warrant shall be

released from custody unless probable cause for the arrest is established to the

satisfaction of a judicial officer without unnecessary delay, but in no more than

72 hours. When a person arrested without a warrant is brought before a

judicial officer an information or citation shall be filed at or before the initial

appearance and, unless a judicial officer has previously found probable cause

for the arrest, probable cause shall be established by affidavit or sworn

testimony. When a person, arrested with or without a warrant or given a

summons, appears initially before the judicial officer, the judicial officer shall

proceed in accordance with the applicable subdivision of this rule.

(b) Offenses not required to be tried in district court. — If the charge against

the defendant is not one which is required to be tried in district court no

preliminary examination shall be held. The defendant may be arraigned at the

initial appearance or at a later time. Arraignment shall be conducted in open

court and shall consist of reading the information or citation to the defendant

or stating to the defendant the substance of the charge and calling on the

defendant to plead thereto. The defendant shall be given a copy of the

information or citation and any supporting affidavits before being called upon

to plead. In addition, the judicial officer shall inform the defendant of the

following:

(1) The defendant’s right to retain counsel and, unless the defendant is

charged with an offense for which appointment of counsel is not required, of

the right to appointed counsel;

(2) That the defendant is not required to make a statement and that any

statement made may be used against the defendant;

(3) Of the defendant’s right to a trial by jury; and

(4) If the defendant is in custody, of the general circumstances under

which pretrial release may be secured.

(c) Offenses charged by information or citation and required to be tried in

district court. — If the charge against the defendant is required to be tried in

district court, the defendant shall not be called upon to plead until arraignment in district court.

At the initial appearance, the defendant shall be given a copy of the

information or citation and any supporting affidavits. The judicial officer shall

read the information or citation to the defendant or state to the defendant the

substance of the charge, and shall explain the defendant’s right to retain

counsel or to request the assignment of counsel if the defendant is unable to

obtain counsel, and of the general circumstances under which the defendant

may secure pretrial release. The judicial officer shall inform the defendant that

the defendant is not required to make a statement and that any statement

made by the defendant may be used against the defendant. The judicial officer

shall also inform the defendant of the right to a preliminary examination. The

judicial officer shall allow the defendant reasonable time and opportunity to

consult counsel and shall detain or conditionally release the defendant as

authorized by statute or these rules.

A defendant is entitled to a preliminary examination, unless waived, when

charged by information or citation with any offense required to be tried in the

district court. If the defendant waives preliminary examination, the case shall

be transferred to the district court. If the defendant does not waive the

preliminary examination, the judicial officer shall schedule a preliminary

examination. Such examination shall be held within a reasonable time but in

any event not later than 10 days following the initial appearance if the

defendant is in custody and not later than 20 days if the defendant is not in

custody, provided, however, that the preliminary examination shall not be held

if the defendant is indicted before the date set for the preliminary examination.

With the consent of the defendant and upon a showing of good cause, taking

into account the public interest in the prompt disposition of criminal cases,

time limits specified in this subdivision may be extended one or more times by

a judicial officer. In the absence of such consent by the defendant, time limits

may be extended by a judicial officer only upon a showing that extraordinary

circumstances exist and that delay is indispensable to the interests of justice.

Rule 5(c) does not apply to offenses for which a grand jury has issued an

indictment.