Legal Definitions - twelve-day rule

The twelve-day rule is a specific procedural requirement found in the criminal justice systems of some jurisdictions. It mandates that an individual who has been formally charged with a serious crime, known as a felony, must receive a preliminary examination no later than 12 days after their arraignment.

To clarify:

• An arraignment is the initial court appearance where the defendant is formally informed of the charges against them and enters a plea (e.g., guilty or not guilty).
• A preliminary examination (also called a preliminary hearing) is a court proceeding where a judge reviews the evidence presented by the prosecution to determine if there is sufficient probable cause to believe that a crime was committed and that the defendant committed it. If probable cause is found, the case can proceed to a full trial.

The purpose of the twelve-day rule is to ensure that individuals accused of serious crimes receive a timely review of the evidence against them, preventing indefinite detention or prolonged uncertainty about their case moving forward.

Here are some examples illustrating how the twelve-day rule might apply:

• Example 1: Ensuring Timely Review

  Scenario: Maria is arrested and charged with felony grand theft. Her arraignment, where she formally pleads not guilty, takes place on a Monday, October 3rd. The jurisdiction where her case is being heard has adopted the twelve-day rule.

  Explanation: Under the twelve-day rule, the court must schedule and conduct Maria's preliminary examination no later than October 15th (12 days after her October 3rd arraignment). This ensures that the evidence supporting the serious felony charge against her is reviewed by a judge promptly, rather than allowing the case to languish without a timely assessment.

• Example 2: Challenging a Procedural Delay

  Scenario: David is accused of felony aggravated assault. His arraignment is held on November 10th. Due to an oversight in court scheduling, his preliminary examination is initially set for December 1st, which is 21 days after his arraignment.

  Explanation: David's defense attorney could invoke the twelve-day rule, arguing that the court has violated this procedural requirement by scheduling the preliminary examination beyond the mandated 12-day period. This might lead to the court being compelled to reschedule the examination much sooner, or in some instances, could result in a motion to dismiss the charges, although the prosecution might be able to refile them later.

• Example 3: Jurisdictional Differences

  Scenario: Emily is charged with felony embezzlement in State X, which strictly enforces the twelve-day rule. Her arraignment occurs on January 5th. Her alleged co-conspirator, Alex, is charged with the same felony in State Y, which does not have a specific twelve-day rule but instead requires preliminary examinations to be held within a "reasonable time."

  Explanation: For Emily in State X, her preliminary examination must be conducted by January 17th, adhering to the strict 12-day deadline. However, for Alex in State Y, while his preliminary examination must still be timely, it is not bound by the specific 12-day limit. His hearing might be scheduled for 20 or 30 days after his arraignment, provided the court deems that timeframe "reasonable" under its own rules, highlighting that the twelve-day rule is not universally applied across all jurisdictions.