The New York Times reports that Scott County in Mississippi is jailing people “indefinitely” without access to legal counsel until they are indicted.
Minnesota’s 36/48-hour rule prevents this injustice from occurring (Rule 4, Minnesota Rules of Criminal Procedure). The rule states that when someone is arrested, they must either be charged or released within 36 hours of arrest, or 48 hours in some instances. Under the U.S. Constitution, the right to counsel attaches with custodial interrogation by the police or when formal charges are initiated. Know your rights.