Arrested in Arizona? What Happens Next
The hardest part of an arrest is not knowing what comes next. The process runs on its own schedule, and it starts moving before most people have spoken to a lawyer. Here is the order things happen in and where the real decisions sit.
Booking, and then a first court date
After an arrest, the person is booked — identified, processed, and held. What follows is an arraignment, the first appearance in court, where the charges are formally stated and a plea is entered. Arraignment happens quickly, and it is not the place where a case is won or argued. It is where release conditions get set and the clock on everything else starts running.
Getting out: bail and release conditions
Release is decided separately from guilt, and the rules differ sharply among the states we serve — Arizona has its own framework, set out below. What is consistent everywhere is that release usually comes with conditions, and violating one creates a second problem on top of the first.
Charges are not final when they are filed
Police make an arrest; a prosecutor decides what to charge, and that decision can change. Charges are added, reduced, or dropped as evidence is reviewed and as the defense raises problems with it. This is why the early period matters more than it looks — what a case is charged as shapes everything downstream, and it is still moving.
What we do first
We find out exactly where the case stands, what the next date is, and what the immediate risks are — including custody, release conditions, and any deadline that is already running. Then we tell you honestly what the case turns on. Every conversation is confidential, and if you are not a U.S. citizen, tell us early: it changes what a good resolution looks like. Se habla español.
Criminal Defense law in Arizona
Arizona is the strictest of the three states we serve, in ways that are structural rather than discretionary — which makes early defense work matter more here, not less.
- There is no parole: Arizona abolished parole for most offenses committed after the mid-1990s. A prison sentence is served to a fixed statutory proportion, reduced only by earned release credits — there is no parole board that can shorten it. This is the single most consequential thing most people facing Arizona charges do not know.
- Sentencing runs from a presumptive term: Arizona sorts felonies into classes and sets a presumptive term for each, which aggravating and mitigating findings move up or down within a statutory range. Because the starting point is fixed by class, what a case is charged as matters enormously.
- Some charges remove the judge’s discretion: Allegations that an offense was "dangerous," or that the person is a repetitive offender, carry mandatory prison — the option of probation disappears. Contesting those allegations is often where the real defense work is.
- A felony that can become a misdemeanor: For the least serious felony class, an Arizona court can leave the offense undesignated and later designate it a misdemeanor if probation is completed successfully. If you are not a U.S. citizen, do not assume federal immigration law follows the state designation — it may not.
- DUI carries mandatory jail: Arizona attaches a mandatory minimum jail term to every DUI conviction, including a first offense, and grades the offense into tiers by blood-alcohol level, each tier raising the floor. A DUI becomes a felony — "aggravated" DUI — based on circumstances rather than test results: a repeat offense within the statutory lookback, driving on a suspended license, a child in the car, or an interlock violation.
- Charging usually goes through a grand jury: Arizona felonies commonly proceed by grand jury indictment rather than a preliminary hearing, and where that presentation was defective there is a distinct remedy — a remand for a new finding of probable cause.
Frequently asked questions
What happens at an arraignment?
The charges are formally stated, a plea is entered, and the court sets release conditions and the next date. It is short, and it is not where the case gets argued. What matters is that someone is there who understands what is being set.
Should I talk to the police?
You have the right to remain silent, and it applies whether or not you have been arrested. Saying that you want a lawyer and then not answering questions is not an admission of anything — it is the exercise of a right. Talk to a lawyer before you give a statement.
My family member was arrested. What do I do?
Find out where they are being held and what the next court date is, and call a defense lawyer before that date. Assume calls from a jail are recorded, and do not discuss the facts of the case on them.
What if I was not read my rights?
Miranda warnings apply to questioning while in custody, not to the arrest itself. Not being read them does not by itself end a case, but it can affect whether a statement can be used. It is a specific thing to raise with a lawyer, with the details of what was asked and when.
How long does a criminal case take?
It depends on the charge, the court, and whether the case resolves by agreement or goes to trial. Misdemeanors generally move faster than felonies. A lawyer who has seen the file can give you a realistic picture of the specific case.
Arizona law — what people ask
Is there parole in Arizona?
Not for most offenses committed after the mid-1990s. Arizona abolished it, so a prison sentence is served to a fixed statutory proportion and can be reduced only by earned release credits — there is no parole board that can shorten it. This is the single most consequential thing most people facing Arizona charges do not know, and it is why the work that matters happens early.
Is jail mandatory for a first DUI in Arizona?
Arizona attaches a mandatory minimum jail term to every DUI conviction, including a first offense, and a judge has no discretion to waive it. The offense is also graded into tiers by blood-alcohol level, with each tier raising the floor. That structure — not the judge — is what distinguishes an Arizona DUI from a California or New Mexico one.
How does Arizona decide a felony sentence?
It sorts felonies into classes and sets a presumptive term for each, which aggravating and mitigating findings move up or down within a statutory range. Because the starting point is fixed by class, what a case is charged as matters enormously — often more than anything that happens at sentencing.
What is an undesignated felony in Arizona?
For the least serious felony class, an Arizona court can leave the offense undesignated and later designate it a misdemeanor if probation is completed successfully. It is the closest thing Arizona has to a California wobbler and it is a significant strategic tool. If you are not a U.S. citizen, do not assume federal immigration law follows the state designation — it may not.
Can an Arizona charge take away the judge’s option to give probation?
Yes. An allegation that the offense was "dangerous," or that the person is a repetitive offender, carries mandatory prison and removes probation as an option entirely. Contesting those allegations is frequently where the real defense work in an Arizona felony sits.
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