3-735 - Arrests; appearance before magistrate; notice; written promise to appear; bail
3-735. Arrests; appearance before magistrate; notice; written promise to appear; bail
A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an immediate appearance before a magistrate, the arresting officer, upon production of satisfactory evidence of the identity of the person arrested, shall take his name and address, the license number of his motor vehicle and such other information as may be necessary, and notify him in writing to appear at a time and place specified in the notice not less than five days after arrest before a magistrate of the precinct in which the offense is alleged to have been committed, and if the defendant gives his written promise to appear at the time and place specified, the arresting officer shall forthwith release him from custody.
B. When the defendant refuses to give a written promise to appear, or demands an immediate appearance before a magistrate, he shall be taken forthwith before a magistrate of the precinct in which the offense is alleged to have been committed. He shall then be entitled to not less than five days continuance in which to plead or prepare for trial unless he waives the time and gives written promise to appear at such time and place as the court may fix, or, if he refuses to give the promise, the court may fix bail, and when given the defendant shall be released from custody.