Your friend expresses concern because he has been held in jail for more than a week since his arrest and has made no appearance in front of a judge. Based on your understanding of federal rules of criminal procedure and relevant case law, you surmise
that:
You are a second year law student at the prestigious Frankfurter School of Law. One of your
classmates is arrested on federal drug trafficking charges and is held at the local federal
detention center. You show up to visit about a week after he is first taken into custody. He
informs you that his parents are willing to pay for an attorney, but have not yet done so
because they are trying to save some money. Because your friend was a C student who
didn’t always pay attention in class, he has some very basic legal questions for you to
answer.
a. This delay is acceptable, and he only needs to be brought before a judge within 30 days
for an initial appearance.
b. This delay is unacceptable and appears to be a violation of the McNabb-Mallory rule.
c. This would be a violation of the McNabb-Mallory rule, but that does not apply here
because there are federal charges.
d. This would be a violation of his 3 rd Amendment rights
Answer: B
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