Q Are Saturdays, Sundays, and legal holidays excluded from the computation of the 48-hour provision of Mississippi Rule of Criminal Procedure 5.1, requiring no more than 48 hours between arrest and initial appearance?

A No, Rule 5.1 contains two 48-hour requirements. The first reference is in Rule 5.1(b) (3) relating to warrantless arrests and the second reference is in Rule 5.1 (c) (2) (A) relating to persons “arrested pursuant to a warrant issued on a charging affidavit.” In both cases, the Rule expressly states that “in no event later than forty-eight (48) hours after arrest, [the accused shall be taken] before a judge for an initial appearance.” Rule 1.3 is a general rule governing computation where certain acts are required to be within a certain period of time. The subject provisions of Rule 5.1 are not within the contemplation of Rule 1.3. Rule 5.1 requires mandatory action no later than 48 hours. If Rule 1.3 were applied, it would negate the express requirements of Rule 5.1(b) (3) and Rue 5.1(c) (2) (A). Thus, the 48-hour requirement period under both rules runs notwithstanding any intervening legal holiday, Saturday, or Sunday (Attorney General’s Opinion to Shirley, June 25, 2018)