After a person has been arrested for a felony or other criminal offense, they are either cited and released or taken to the local jail for processing and for their initial appearance.
If you have been arrested for a criminal offense and booked into jail, by law you are to be seen by a magistrate within 24 hours. At the initial appearance, the magistrate will do the following:
- Ascertain the suspect’s true name and address and,
- Inform the defendant of the charges;
- Advise the defendant of his constitutional rights;
- Determine whether probable cause exists for the purpose of release from custody. If no probable cause is found, the defendant shall immediately be released from custody;
- Consider comments offered by the victim concerning the conditions of release. The magistrate shall permit the victim to comment orally or in writing, on the issue of the suspect’s release;
- Determine the conditions of release in accordance with Arizona Law.
The determination of release conditions is often the most critical event that happens at the Initial Appearance. Nobody wants to be stuck in jail while their criminal case is pending. There a several different types of release: A person can be released to their Own Recognizance, to the supervision of pretrial services, or be given a bond.
In Maricopa County, Initial Appearances are held at the 4th Avenue Jail every three hours. This means a person can have their appearance late at night or early in the morning. At the close of the hearing the judge will advise you of your next court date.
When to Contact a Phoenix Criminal Defense Lawyer
If you or someone you know has been arrested call a Phoenix criminal defense lawyer with the Lerner and Rowe Law Group. Our experienced defense attorneys can appear at the Initial Appearance to challenge the finding of probable cause and argue for the least restrictive release conditions. It’s important to get representation in the early stages of the criminal case process. Early retention can be critical to successful representation.
For more information about what to expect after an arrest, schedule a free consultation by calling 602-667-7777 or fill out the online case evaluation form.