Rule 3:4-1. Procedure After Arrest

(a) Arrest without an Arrest Warrant. (1) Preparation of Complaint. A law enforcement officer shall take a person who was arrested without a warrant to a police station where a complaint shall be prepared immediately. If it appears that issuance of a warrant is authorized by Rule 3:3-1(d), (e) or (f), the complaint may be prepared on a Complaint-Warrant (CDR-2) form. Otherwise, the complaint shall be prepared on a Complaint-Summons (CDR-1) form. (2) Issuance of Process. If a Complaint-Summons (CDR-1) has been prepared, the law enforcement officer may serve the summons and release the defendant. If a Complaint-Warrant (CDR-2) has been prepared, without unnecessary delay, and no later than 12 hours after arrest, the matter shall be presented to a judge, or, in the absence of a judge, to a judicial officer who has the authority to determine whether a warrant or summons will issue. The judicial officer shall determine whether to issue a warrant or summons as provided in Rule 3:3-1, and if a warrant is issued, shall order the defendant remanded to the county jail pending a determination of conditions of pretrial release or a determination regarding pretrial detention if a motion has been filed by the prosecutor. (b) Arrest on an Arrest Warrant. The person who is arrested on that warrant shall be remanded to the county jail pending a determination of conditions of pretrial release or a determination regarding pretrial detention if a motion has been filed by the prosecutor. (c) Identification procedures. If the defendant has been released on a summons, any post-arrest identification procedures required by N.J.S.A 53:1-15 or otherwise required by law, shall be completed on the return date of the summons.