Release from Arrest Procedures In Arizona
In Arizona, a person arrested must be taken before a magistrate for an initial appearance within 24 hours or be immediately released. Ariz.R.Crim.P. 4.1(a).
If the person is arrested without a warrant, a complaint must be filed within 48 hours of the initial appearance. Ariz.R.Crim.P. 4.1(b).
At the person's initial appearance the magistrate must do certain prescribed things, including: ascertaining the defendant's true name and address, informing the defendant of the charges, informing the defendant of the right to counsel and the right to remain silent, determining whether probable cause exists for the purpose of release from custody, appointing counsel if the defendant is eligible, and determining the release conditions, if any. Ariz. R. Crim. P. 4.2(a).
See also State v. Van Dyke, 127 Ariz. 335, 338, 621 P.2d 22, 25 (1980) ("Essentially the initial appearance is designed to inform the defendant of why he has been arrested, when he must next appear, and to release him if possible.").
The magistrate at the initial appearance makes the initial determination concerning conditions of release. Ariz.R.Crim.P. 7.4(a).
Prior to 2007, Arizona Rule of Criminal Procedure 7.2(a) simply provided:
Before Conviction. Any person charged with ah offense bailable as a matter of right shall be released pending or during trial on the person's own recognizance, unless the court determines, in its discretion, that such release will not reasonably assure the person's appearance as required. If such a determination is made, the court may impose the least onerous condition or conditions contained in Rule 7.3(b) which will reasonably assure the person's appearance.
The rules allowed for a subsequent review of release conditions by motion "whenever the person's case is transferred to a different court or the motion alleges the existence of material facts not previously presented to the court." Ariz.R.Crim.P. 7.4(b).
Before 2007, neither Rule 4.2 nor Rule 7.4 specifically referred to defendants who are not entitled to bail.