The First Twenty-Four Hours After An Arrest In Arizona

Everyone makes mistakes, and sometimes those mistakes are against the law, resulting in that person being arrested and charged with a crime. What that person does next can affect the course of the rest of their life. A criminal defendant can sit back and wait to see which public defender is assigned to their case and let it play out from there. Or, a criminal defendant can act proactively in the hopes of mitigating the criminal penalties they face. How long your defense journey lasts will depend on factors like which crimes you were charged with, and if special statutory defenses apply in your case. No matter what type of crime you are arrested for, there will be a 24-hour period after your arrest during which you can choose to act, or wait for the consequences. Read on for more information about the 24 hours after being arrested in Arizona. To discuss your case with an experienced Arizona criminal defense attorney, call 480-833-8000. 

The Intake Process

The intake process is otherwise known as “booking.” One of the most common spots for booking in Arizona is the Maricopa County Fourth Avenue Jail. That jail has 1,152 cells with beds for 2,064 inmates. During booking, the defendant’s personal belongings are taken, bagged, and stored for safekeeping. It would be extremely dangerous to let inmates bring whatever is on their person at the time of arrest into jail with them. The inmate’s identity must be verified during booking, as well. This is when a defendant is fingerprinted and has their mugshot taken. Defendants also attend a brief medical screening to make sure they are fit for jail and don’t require medical attention first. The jail should take a DNA sample if the person is being arrested for a serious offense or felony. 

Sometimes, an individual will be booked, but they will be released before going before a judge and being charged. This doesn’t necessarily mean that they are in the clear. Law enforcement may just need more time to investigate before pressing charges. In Arizona, they have 1 year to do so for misdemeanor offenses, and 7 years for felony offenses. 

The Initial Appearance

The Arizona Rules of Criminal Procedure require that an arrested person appear before a judge within 24 hours of completing the intake process. Because of this requirement, there are special courtrooms inside jails for these hearings, which must operate 24/7, 365 days a year. Initial appearance hearings are generally very short- typically only a few minutes long. This is not a trial, and there is no jury. Only a presiding judge is present for that initial appearance. There are five main tasks that must be completed during the initial appearance:

1. Verify the defendant’s identity by confirming their name and address;
2. Read the defendant their Form IV, or the officer’s probable cause statement and explain the charges filed against them; 
3. Inform or reiterate the defendant’s right to an attorney; 
4. Determining if the defendant can be released on their own recognizance, placed on supervision, or pay a bond for their release; and,
5. Set the next court appearance, which is typically the Preliminary Hearing or Arraignment. 

Which Factors Impact Release Conditions Determinations?

Within 24 hours, a criminal defendant should know if they can wait for their trial from the comfort of their own home, or if they will do so from behind bars. The judge has to decide if the defendant is at risk of fleeing, or if they seem likely to appear at their eventual trial. While a judge can consider any factor relevant to a unique case, there are some standard factors used to evaluate a defendant’s trustworthiness, including:

• How long the defendant has lived in their community; 
• Prior criminal record
• If the defendant has previously failed to appear for a criminal hearing
• The nature and severity of the charges the defendant is facing
• The defendant’s employment status
• The defendant’s family ties
• The defendant’s mental health status and potential for rehabilitation 

The defendant should prepare themselves for any outcome at the Initial Appearance. Ideally, they will be released in some form to await trial from home. If they are released, it will still take several hours to be discharged. The paperwork for a discharge can take significant time to complete, and release could occur late at night or early in the morning. Despite this, the defendant should still have a ride home lined up upon their discharge. 

Tips for Family Members

Trusted friends and family members can be key to an inmate seeking release after an arrest in Arizona. Beyond emotional support, they can provide an inmate with connections and services that can help them be released sooner. As soon as you learn of a loved one’s arrest, you should find their booking number. This can be done through the Maricopa County Sheriff’s Office (or applicable county sheriff’s office) website. You will need the person’s full name and date of birth to access their booking number. This will make it easier to stay in contact and up to date with the case of a defendant who has recently been arrested. With the booking number, a loved one should be able to view a defendant’s Initial Appearance, although it is a one-way view that doesn’t allow interaction by the viewer. If there is enough time, a loved one can secure an attorney for the defendant. Having an attorney typically results in a much better outcome at the Initial Appearance, mainly in the form of less stringent release conditions. You may want to begin gathering cash at soon as possible, and check if your loved one’s bond is set as cash only or surety. 

Strategies for Your Initial Appearance

How your initial appearance goes can set the tone for the rest of your case. Some of the strategies that your attorney may try out for your case include:

• Form IV challenges: As mentioned above, Form IV is the arresting officer’s probable cause statement. Probable cause is the legal standard that must be met for a police officer to place someone under arrest. This form should be reviewed for errors and inconsistencies. It may also take argumentation by a professional to provide further context for the facts. This could be leverage for a defendant to be released with a lower bond or on their own recognizance. 
• Don’t discuss your case with anyone but your lawyer: Phone calls are recorded in jail, and you never know which cellmate may snitch on you in an attempt to reduce their own sentence. 
• Have loved ones provide proof of community ties as soon as possible: Whether it’s your lease, a job offer letter, etc., have a loved one send any evidence they can find of your ties to the community. This shows you are less of a flight risk and can result in a less strict bond. 
• Be prepared to explain any previous failures to appear or criminal convictions and why they should not impact the judge’s decision on your bond. 

Criminal Cases Move Fast. Contact a Skilled Arizona Defense Attorney Today.

There is little time to spare if you or someone you love has been arrested for a crime in Arizona. Booking and the initial appearance are just the beginning of the trial process. There is a great deal of stress that comes with facing down jail time, fines, and other penalties. You’ll be even more stressed if you don’t have confidence in your court-appointed attorney, but you have the right to retain your own defense counsel. Invest in your future with Arizona’s Top-Rated Criminal Defense Lawyers and Arizona’s choice for criminal defense. Schedule your free consultation with one of our experienced lawyers today at 480-833-8000.