Criminal Proceedings: Before Trial

The defendant was detained on a Friday, and the prosecutor's office began looking into the details of the case. The prosecutor scheduled the first appearance for Tuesday, 48 hours after the suspect was detained and the last possible day permitted. Unfortunately, a flu went through the small town's prosecutor's office, leaving no one available for the defendant's first appearance. It was rescheduled to the following Friday.

You are the judge hearing this case. How do you decide?

A) After looking at the evidence, you must conclude that the prosecution failed in adhering to SCOTUS's interpretation of the definition of "prompt" in the Fourth Amendment. You agree that the defendant's constitutional rights were violated. You dismiss the original charges.

B) After looking at the evidence, you decide that the delay in the defendant's first appearance was unavoidable and not a result of negligence. As soon as a prosecutor was available, the defendant was brought to court. You decide that his rights were not violated.