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Arizona criminal defense

What to do after an arrest in Arizona

Quick answer

In Arizona, a person who is arrested and held in jail must see a judge for an initial appearance within 24 hours, or be released. At that hearing the judge explains the charge and the right to a lawyer, and sets release conditions. Until you have spoken with a lawyer, say as little as possible, keep every piece of paperwork, and do not miss a court date.

This page walks through what usually happens in the first 24 to 48 hours after an arrest in Gilbert, the East Valley, and the rest of Maricopa County and Pinal County, and what you and your family can do during that time. It is one of our plain English criminal defense guides. Every case turns on its own facts, so treat this as general information, not advice about your case.

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Arrested and booked, or cited and released

Not every arrest ends with a night in jail. For many misdemeanors and petty offenses, an officer can release you with a citation that lists a court date instead of booking you. That court date counts just as much as a hearing set by a judge. If you sign a citation promising to appear and then miss the date, the court can issue a warrant for your arrest and file a separate charge for failing to appear.

If you were booked into jail, the steps below apply right away.

The first 24 hours: booking and the initial appearance

After booking, the next step is the initial appearance. In Maricopa County and Pinal County this hearing can sometimes happen by video from the jail. It is short, and it is not the place to argue about what happened.

At the initial appearance, the judge:

In a felony case, the judge also sets the next dates, such as a preliminary hearing.

Release conditions in plain words

The judge decides whether you go home and on what terms. Release on your own recognizance means you are released on your promise to come back to court. A bond means money must be posted before release. Either way, the judge can add conditions, such as no contact with the alleged victim, no alcohol, staying away from a certain address, or reporting to pretrial services. A small number of very serious charges may not allow release at all.

The judge weighs things like the charge, your ties to the community, your record, and whether you have missed court before. Once conditions are set, follow every one of them. Breaking a release condition can lead to a new warrant, a new charge, or stricter terms, even if the original case is weak.

An arrest is not the same as a charge

Police make the arrest. A prosecutor decides what, if anything, to file. When someone is arrested without a warrant and held in custody, a formal complaint must be filed within 48 hours after the initial appearance, or the person must be released. Release at that point does not end the case. Prosecutors can still file charges later, so keep watching your mail and keep your contact information current with the court.

For felonies, the case may go to a preliminary hearing, where a judge decides whether there is enough evidence to move forward, or to a grand jury, which makes that decision in a closed proceeding.

What to do and not do right away

Do not talk about the case. That includes police, cellmates, and anyone on a jail phone or video visit. Jail calls are usually recorded. You can stay silent and say clearly, “I want a lawyer.” Our guide on whether you should talk to the police explains why that matters.

Do not post about it. Social media posts, comments, and messages can end up in a police report.

Follow any no contact order exactly. If the judge ordered no contact with someone, that means no calls, texts, messages through friends, or social media, even if the other person contacts you first. Contact can lead to a new charge. Our Gilbert domestic violence attorney page explains how these orders work in domestic violence cases.

Write down what you remember. Do it as soon as you can, while details are fresh, and keep it private. Share it only with your lawyer.

Keep every piece of paperwork. That means the citation or complaint, release order, property receipts, tow papers, and any notice about your driver license.

Save anything that may help. Texts, photos, receipts, and the names of people who saw what happened. If there may be video from a business or a doorbell camera, note where it is. Some video is erased quickly.

If your family member was arrested

When someone you love is arrested, the first questions are usually where they are and when they will see a judge. The county jail where they were booked can tell you their custody status and court information. Because the initial appearance must happen within 24 hours, things often move faster than families expect.

A few things help:

Family members cannot make decisions about the case for an adult, but they can help get the right information to a lawyer quickly.

Before the next court date

Go to every court date. Missing one can lead to a warrant. If you were released with a date, put it on your calendar and keep the paperwork that lists the court name and address. Our guide to your first court date in Arizona explains what to expect when you get there.

If the arrest was for driving under the influence, there is a second track to watch. Your driver license can be affected separately from the criminal case, with its own short deadlines through the Motor Vehicle Division. Our guide on what to do after a driving under the influence arrest covers that process.

Which court will hear your case

Most misdemeanors are heard in a city court, such as Gilbert Municipal Court, or in a county justice court. Felonies go to Superior Court, either Maricopa County Superior Court or Pinal County Superior Court, depending on where the case is filed. In Pinal County, many misdemeanors from San Tan Valley and parts of Queen Creek are heard in Pioneer Justice Court. The court name on your citation, release order, or summons tells you where your case is. If you are unsure, bring that paperwork to a consultation.

How we approach these cases

Our work typically includes reading the release order and paperwork closely, confirming every court date, explaining the charge and next steps in plain language, and moving early to request reports and preserve evidence such as video. We will not promise dismissals, reduced charges, or any result we cannot control. Past results for other clients do not guarantee a similar outcome for you.

Frequently asked questions

How long can police hold me before I see a judge in Arizona? A person who is arrested and held must have an initial appearance before a judge within 24 hours, or be released. If the arrest was made without a warrant, a formal complaint must also be filed within 48 hours after that initial appearance, or the person must be released. Release does not mean the case is over.

Do I have to talk to the police after an arrest? No. You can stay silent and ask for a lawyer. Say it clearly: “I want a lawyer.” Our guide on talking to the police explains more.

What happens at the initial appearance? The judge confirms who you are, tells you the charges, explains your rights, decides whether a lawyer will be appointed, and sets release conditions. It is usually brief, and it is not the time to tell your side of the story.

My family member was arrested. What can I do to help? Find out where they are held and when they will see a judge, keep any paperwork, avoid discussing the facts on recorded jail calls, and contact a criminal defense lawyer with the charge and court information.

I was released with a citation. Is my case over? No. A citation with a court date is a criminal case. Go to court on that date. Missing it can lead to a warrant and a separate charge for failing to appear.

Will I get a free lawyer at the initial appearance? It depends on the charge and your finances. Judges appoint lawyers for people who cannot afford one in felony cases. In most misdemeanor cases, a lawyer is appointed only in limited situations, such as when a bond is set and the person cannot post it.

Should I call a lawyer before my first court date? Yes. The earlier a lawyer sees the paperwork, the more time there is to check dates, request evidence, and plan. Our guide to your first court date explains what happens at that hearing.

Talk with Brian Garner

If you or a family member was just arrested or cited in Gilbert, the East Valley, or elsewhere in Maricopa County or Pinal County, call (602) 654-3005 or email office@sunvalley.law to schedule a free consultation. Meetings are by appointment, in person at our Gilbert office, by phone, or by video. Bring your citation or complaint, release order, and court date. We will review what you are facing and discuss next steps. We will not promise a result we cannot control.

Sun Valley Law Firm · Brian Garner, criminal defense attorney · 1525 S Higley Rd, Suite 104, Gilbert, AZ 85296 · Serving Maricopa County and Pinal County.

Free Consultation (602) 654-3005

Attorney advertising. Past results do not guarantee a similar outcome. This page is general information, not legal advice for your case.