What Happens After an Arrest in Phoenix

For someone arrested in Phoenix, the days after the arrest follow a set sequence. Knowing it in advance takes some of the fear out of the process and helps you and your family make the right calls at the right time. This page follows the steps the Arizona Judicial Branch describes, from the arrest to trial.

1. Arrest

An arrest is made by an officer who either sees a crime or has a warrant issued by a judge on probable cause. After an arrest, Arizona requires that the person be brought before a judge for an initial appearance within 24 hours or be released. In Maricopa County, people arrested and held in custody are usually seen at a central initial appearance court.

2. Initial appearance

At the initial appearance, the judge confirms your name and address and tells you the charges and your rights, including the right to remain silent and the right to a lawyer. The judge decides whether there is probable cause to keep you in custody and sets release conditions for the time until the case ends.

This is also where the question of an appointed lawyer comes up. According to the Arizona Judicial Branch, the judge appoints a lawyer for a defendant who cannot afford one in a felony case, but not for most misdemeanors unless a bond is set that the person cannot post. Public Defender or Private Attorney: How It Works in Arizona explains what that means for you.

Release conditions

Release conditions can include appearing at every hearing, staying away from certain people or places, not drinking, reporting to pretrial services or posting a bond. Breaking a condition can lead the court to change the conditions or revoke release, so write them down and follow them exactly.

3. Preliminary hearing or grand jury (felonies)

In a felony case, the prosecutor must show probable cause before the case goes to trial in superior court. That happens in one of two ways. At a preliminary hearing, a judge hears evidence and testimony from witnesses called by both sides and decides whether the case should be held for trial. Alternatively, a grand jury of citizens hears the prosecutor’s evidence, usually without the suspect or their lawyer present, and at least nine members must agree to return an indictment.

4. Arraignment

At the arraignment, you enter a plea of guilty, not guilty or no contest. After a not guilty plea, the judge sets a pretrial conference or a trial date. After a guilty or no contest plea, the judge sets a date for sentencing. In a DUI case, Arizona law requires the court to tell you at the arraignment that you may request a jury trial, and that the request will be granted if made.

5. Pretrial

Between arraignment and trial, the lawyers exchange evidence, file motions and often discuss a plea agreement. This is where most of a defense lawyer’s work happens and most cases are resolved. Keep in touch with your lawyer, attend every hearing and do not discuss the case with anyone else.

6. Trial

If the case goes to trial, it is heard by a judge alone or by a jury. According to the Arizona Judicial Branch, a jury trial is available for all felonies and some misdemeanors.

The steps at a glance

Step	When	What happens
Arrest	Day 0	Custody or citation
Initial appearance	Within 24 hours if held	Charges, rights, lawyer, release conditions
Preliminary hearing or grand jury	Felonies	Probable cause to go to trial
Arraignment	After charges are filed	Plea; next dates set
Pretrial	Weeks to months	Evidence, motions, negotiations
Trial or sentencing	End of case	Verdict or sentence

If you were cited and released

Not every case starts with a night in custody. For many misdemeanors, the officer issues a citation with a court date instead. The same steps then follow, starting with your first appearance on the date shown. Missing that date can lead the court to issue a warrant, so treat the citation date as seriously as a jail release order.

Talking about the case

From the moment of arrest, anything you say to police, to other people in custody or on a recorded call can be used as evidence. You have the right to remain silent and the right to a lawyer, and the judge will remind you of both at the initial appearance. The safest course is to discuss the facts only with your lawyer.

What family members can do

• Find out where the person is held and when the initial appearance is.
• Collect paperwork and contact details for any witnesses.
• Start the steps in How to Choose a Criminal Defense Attorney in Phoenix if a private lawyer is needed.
• Avoid discussing the facts of the case on recorded jail phone calls.

If the arrest was for DUI, a separate license case starts at the same time; see Your Driver License After a DUI Arrest in Arizona.