Legal guide

What Happens After an Arrest in Maricopa County

An arrest starts a process with fixed steps and short deadlines. Knowing what comes next — and what to say and not say — matters most in the first 24 hours. This guide walks through how a criminal case actually moves in Maricopa County, from booking to resolution.

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The first 24 hours: the initial appearance

After booking, an arrested person must be brought before a judicial officer for an initial appearance without unnecessary delay — in practice, within 24 hours. The judge advises you of the charges, addresses counsel, and sets release conditions: release on your own recognizance, a secured or unsecured bond, or supervised release, often with conditions such as no-contact orders or travel limits. For people booked into the Maricopa County jail system, initial appearances run around the clock.

The single most important thing to know before that hearing: you are not required to explain, justify, or talk your way out of anything — to police, detention officers, or anyone else. Anything you say can be used in the case against you. Ask for a lawyer and say nothing else about the facts.

Where your case goes

Misdemeanors are prosecuted in the municipal court of the city where the offense allegedly happened — Phoenix Municipal Court for most of our clients — or in a Maricopa County justice court. Felonies go to the Superior Court of Arizona in Maricopa County. The State begins a felony case either by a preliminary hearing, where a judge decides whether probable cause exists, or by grand jury indictment.

Arraignment and the pretrial phase

At arraignment you enter a plea — almost always not guilty at this stage, which preserves every option. Then the case enters the pretrial phase: the defense obtains the State’s evidence (police reports, video, 911 recordings, witness statements), interviews witnesses, files motions to suppress unlawfully obtained evidence, and negotiates with the prosecutor. Most cases resolve here — by dismissal, a diversion program, a plea to a reduced charge, or a plea agreement — and only a small share go to trial.

How long it takes

Arizona’s speedy-trial rule generally requires trial within 150 days of arraignment for a person in custody and 180 days for a person who is out of custody, though both sides can extend deadlines for good cause. Misdemeanors often resolve in a few months; complex felonies can take a year or more.

Every step above has decisions inside it that shape the outcome — release conditions can be modified, charges can be challenged before trial, and early negotiation is often where cases are won. That is the work of a Phoenix criminal defense attorney, and the earlier one is involved, the more options stay open.

Common questions

How long can you be held before seeing a judge in Arizona?

An arrested person must be taken before a judicial officer without unnecessary delay — as a rule, within 24 hours of arrest. At that initial appearance the judge sets release conditions.

Can you be released the same day you are arrested?

Often, yes. Many people are released at the initial appearance on their own recognizance or after posting bond. Release depends on the charges, criminal history, and flight risk.

Do I need a lawyer at the initial appearance?

You have the right to counsel at every critical stage. An attorney at or immediately after the initial appearance can argue for better release conditions and protect you from early mistakes — the most common one being talking to police about the facts.

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