The Law and the Accused

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Initial Appearance

  • A person arrested shall be taken before a magistrate without unnecessary delay. If the person is not brought before a magistrate within 24 hours after arrest, he or she shall immediately be released. (Arizona Rules of Criminal Procedure 4.1)

Rights to Counsel

  • The Magistrate shall inform the defendant of his or her rights to counsel and to remain silent. The Magistrate shall appoint counsel if the suspect is eligible and request appointed counsel. (Arizona Rules of Criminal Procedure 4.1)

Right to Release Before Conviction

  • Any person charged with an offense bailable as a matter of right shall be released pending or during trail on the persons own recognizance, unless the court determines, in it's discretion, that such a release will no reasonable assure the person's appearance as required. (Arizona Rules of Criminal Procedure 7.2)

Criteria for Release Conditions

  • The Arizona State Legislature has established criteria the court shall consider when determining appropriate release conditions. The criteria consists of the following: the views of the victim, the nature and circumstances of the offense charged, the weight of the evidence against the accused; the accuser's family ties, employment, financial resources, character and mental condition; the results of any drug test submitted to the court; whether the accused is using any illegal substance; the length of residency in the community; the accuser's record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings. (ARS 13-3967b)

Presumption of Innocence

  • The accused is presumed innocent until proven guilty. (United States Constitution and Arizona State Constitution)