---
title: "Record the arrest and the initial appearance, without an hour count"
url: "https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A20-RO20261022-2-US"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record the arrest and the initial appearance, without an hour count

> Record the time of arrest and the time the file says the person was taken before a judicial officer. Do not calculate a two-hour or a four-hour investigation period.

Canonical page: https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record the time of arrest and the time the file says the person was taken before a judicial officer. Do not calculate a two-hour or a four-hour investigation period. |
| What the lawyer must review | You decide whether the delay was unnecessary. Rule 5(a)(1)(A) says a person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge, or before a state or local judicial officer as Rule 5(c) provides, unless a statute provides otherwise. No statute setting an investigation period in hours was opened. Rule 5(c) was not set out, so the place of the appearance is not described here. Rule 5(a)(2) states exceptions, including an arrest on a warrant charging only 18 U.S.C. § 1073 if the transfer and dismissal conditions are met, a probation or supervised-release arrest under Rule 32.1, and a failure to appear in another district under Rule 40. Those rules were not opened. Rule 5(b) requires a complaint to be promptly filed after a warrantless arrest. The contents of that complaint were not opened. Model Rule 3.3 applies to what you tell the court about the times. |
| Written for | United States |
| Applies to | [Work out the investigation period after a Commonwealth arrest](https://ailawframework.com/practice/criminal-law/work-out-the-investigation-period-after-a-commonwealth-arrest.md) |

## Checking plan

- What the AI does: Record the time of arrest and the time the file says the person was taken before a judicial officer. Do not calculate a two-hour or a four-hour investigation period.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Do not insert a fixed investigation period. None was opened.
- A time that is not in the file is not supplied.

## Sources

- [Federal Rule of Criminal Procedure 5 (initial appearance)](https://www.law.cornell.edu/rules/frcrmp/rule_5) (checked 2026-10-22)
- [ABA Model Rule 3.3, Candor toward the Tribunal](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*