Criminal Arraignment in Arizona

Answer:

There are several steps that happen in the process of a criminal case proceeding through the court system, and they’re broadly the same whether it’s in federal court or whether it’s in state court, tribal court or one of the municipal justice courts here in the state of Arizona. All that is after you are charged with charges, of course, which happens through a grand jury indictment or through a direct complaint form, as we say, that’s filed with the court.

The next step in the process is either an initial appearance or an arraignment. According to the rules of criminal procedure here in Arizona, that must be done within 48 hours of a warrantless arrest. Within 48 hours, there has to be some type of initial appearance or arraignment. This is the first time you come before the judge. They let you know what you’re being charged with. At that point, you get to enter a plea of guilty or not guilty. Generally, at that time – and again, it depends. It can work different ways depending on how you were arrested, if you’re in custody, if you’re not in custody.

There are some factors that play into it, but virtually, you get to enter your plea of guilty or not guilty. Sometimes there’s an initial plea offer, an early plea, that the prosecutor will offer you, and if none of those things are successful, if the initial plea is not one that you’re going to take virtually you’re apprised of your charges. They set release conditions on you— whether you’re going to be released to your own recognizance or you’re going to be released to pretrial services on an ankle monitor or if you’re going to be remanded into custody and held until you pay a bond, be it a cash bond or some type of bail, or if you’re on one of those – get charged with something that’s not bailable as a matter of right. Then you would sit in custody and be transferred to one of the jails if you’re not already in custody. A number of things can happen, but largely, you’re advised of your charges, you enter your plea, and then there’s other court date that are set out after that.

Get your lawyer involved early. If you know you’re going to go with private counsel, get them involved early because there are things that they can do to make sure that you have the best possible outcome as relates to your criminal matter. Call a lawyer early. Call our office. We want to get in on it early so we can get the best possible outcome for you.