You got arrested. Or someone you care about did. Or you just found out there is a warrant, and now you need to know what happens next.
The Arizona criminal process follows a specific sequence. Each stage has its own rules, deadlines, and consequences. Knowing what comes next takes away some of the uncertainty and helps you make better decisions at every step. This page walks you through the entire process, from the moment of arrest through post-conviction relief, with the Arizona statutes and rules that govern each stage.
Brad Rideout is a former Arizona prosecutor who spent years guiding cases through every one of these stages from the state’s side of the courtroom. Now he defends people facing the same process. That perspective on both sides of the system shapes how Rideout Law Group approaches your case from day one.
Step 1: Arrest and Booking
The criminal process begins with an arrest. In Arizona, law enforcement can arrest you with or without a warrant.
Under A.R.S. § 13-3883, a peace officer may arrest a person without a warrant when the officer has probable cause to believe a felony has been committed and the person to be arrested committed it. Warrantless arrests are also permitted for misdemeanors committed in the officer’s presence, domestic violence offenses where the officer has probable cause, and certain other situations spelled out in the statute.
If law enforcement has obtained an arrest warrant from a judge, the warrant itself establishes probable cause. Officers will locate you, place you under arrest, and transport you to a booking facility.
Booking is the administrative process that follows the arrest. You will be photographed, fingerprinted, and asked for identifying information. Your personal property will be inventoried and stored. If the charge is a felony or certain designated misdemeanors, you will be held in custody until your initial appearance before a judge.
What you should know at this stage: You have the right to remain silent. You have the right to an attorney. Officers are required to advise you of these rights before any custodial interrogation under Miranda v. Arizona. Anything you say during booking or in conversation with officers can be used against you. The best thing you can do at this point is clearly state that you want a lawyer and that you are invoking your right to silence. Then stop talking.
A.R.S. § 13-3903 requires that when a person is arrested without a warrant, they must be taken before a magistrate without unnecessary delay. This provision protects you from being held indefinitely without judicial review.
Step 2: Initial Appearance
After your arrest, you must be brought before a judge or magistrate for an initial appearance. Arizona law requires this hearing within 24 hours of arrest. If you are arrested on a weekend or holiday, you will typically see a judge the next available court day, though many jurisdictions now conduct initial appearances by video seven days a week.
The initial appearance serves several purposes. The judge confirms your identity, informs you of the charges against you, advises you of your constitutional rights (including the right to counsel), and addresses the question of pretrial release.
Bond and Release Conditions
The judge will decide whether to release you before trial and, if so, under what conditions. Arizona’s pretrial release framework is governed by A.R.S. § 13-3967, which creates a presumption in favor of release. The purpose of bail is to ensure you appear in court and to protect the community. It is not supposed to be punishment.
Release options include:
- Own recognizance (OR): Released on your written promise to appear. No money posted. Common for lower-level offenses with no flight risk.
- Supervised release: Released with conditions such as check-ins with pretrial services, electronic monitoring, drug testing, or travel restrictions.
- Secured appearance bond: You or a bondsman posts a set amount of money that you forfeit if you fail to appear.
- Cash bond: The full amount must be posted in cash before release.
The judge considers the seriousness of the offense, your criminal history, your ties to the community, employment status, and whether you pose a danger to any specific person or the community at large. For certain serious offenses (such as sexual assault, first-degree murder, or offenses committed while already on release for another felony), the state can move to deny bail entirely under Article II, Section 22 of the Arizona Constitution.
If you cannot afford the bond amount set by the judge, your attorney can file a motion to reduce bond. The court must consider your ability to pay.
Step 3: Preliminary Hearing or Grand Jury Indictment
Before a felony case can proceed to trial, the state must establish probable cause to believe a crime was committed and that you committed it. Arizona uses two methods to accomplish this: a preliminary hearing or a grand jury indictment.
Preliminary Hearing
You have the right to a preliminary hearing within ten days of your initial appearance if you are in custody, or within twenty days if you have been released. At this hearing, a judge reviews the state’s evidence and determines whether probable cause exists to hold you for trial.
The standard at a preliminary hearing is low. The state does not need to prove guilt beyond a reasonable doubt. It only needs to show that a reasonable person could conclude that a crime occurred and that you probably committed it. Defense attorneys can cross-examine the state’s witnesses and challenge the sufficiency of the evidence, but judges rarely dismiss cases at this stage.
If the judge finds probable cause, the case is “bound over” for trial. If the judge does not find probable cause, the charges are dismissed, though the state can refile or take the case to a grand jury.
Grand Jury Indictment
Arizona prosecutors often bypass the preliminary hearing entirely and present the case to a grand jury. Under Arizona law, a grand jury consists of nine citizens (in the standard county grand jury) or sixteen citizens (in some jurisdictions). The proceedings are secret. Neither you nor your attorney is present. The prosecutor presents evidence and witnesses, and the grand jurors decide whether probable cause exists to issue an indictment.
The grand jury only hears the prosecution’s side. There is no cross-examination. No defense presentation. The old saying that a prosecutor could “indict a ham sandwich” exists for a reason. Grand juries return indictments in the overwhelming majority of cases presented to them.
If the grand jury returns a “true bill,” you are formally indicted and the case moves forward. If it returns a “no bill,” the charges are not filed, though the state can present the case to a new grand jury later.
For misdemeanor cases, the charging process is simpler. The state files a complaint directly, and the case proceeds to arraignment without a preliminary hearing or grand jury.
Step 4: Arraignment
The arraignment is your first appearance in the trial court after formal charges have been filed. In Arizona, arraignment is governed by Rule 14 of the Arizona Rules of Criminal Procedure.
At the arraignment, the court reads the charges against you (or waives the reading if your attorney agrees), confirms that you have received a copy of the indictment or complaint, and asks you to enter a plea.
Your plea options are:
- Not guilty: The case proceeds toward trial. This is the standard plea at arraignment, even if you plan to negotiate a resolution later. Entering a not guilty plea preserves all of your rights and gives your attorney time to investigate and evaluate the evidence.
- Guilty: You admit to the charges. The court will conduct a colloquy to make sure you understand your rights and that you are entering the plea voluntarily. Sentencing follows.
- No contest (nolo contendere): You do not admit guilt but accept the conviction. The practical effect is the same as a guilty plea for criminal purposes, but a no contest plea generally cannot be used against you as an admission in a later civil lawsuit.
In almost every case, the correct move at arraignment is to enter a not guilty plea. There is no strategic advantage to pleading guilty at this early stage. You have not yet seen the full evidence against you, your attorney has not had time to investigate, and plea negotiations have not begun. A not guilty plea keeps every option open.
The court may also revisit release conditions at the arraignment and appoint counsel if you qualify for a public defender and do not already have representation.
Step 5: Pre-Trial Phase
The pre-trial phase is where cases are won and lost. The period between arraignment and trial is when your defense attorney does the work that determines the outcome, whether that outcome is a dismissal, a favorable plea, or a strong position going into trial.
Discovery
Under Rule 15 of the Arizona Rules of Criminal Procedure, both sides must disclose evidence to the other. Arizona operates under an “open file” discovery system, which means the state is required to turn over virtually everything: police reports, witness statements, lab results, video and audio recordings, expert reports, and any evidence favorable to the defense.
The prosecution’s obligation to disclose favorable evidence comes from Brady v. Maryland, a U.S. Supreme Court decision that requires the state to turn over any evidence that is material to guilt or punishment. A failure to disclose Brady material can result in a conviction being overturned.
Your attorney will review every piece of evidence the state produces. This review often reveals weaknesses the state does not advertise: inconsistent witness statements, gaps in the investigation, problems with how evidence was collected, and constitutional violations that can form the basis of motions to suppress.
Motions to Suppress
If law enforcement obtained evidence in violation of your constitutional rights, your attorney can file a motion to suppress that evidence. Common grounds include:
- Illegal stop or detention: The officer did not have reasonable suspicion to stop you.
- Unlawful search and seizure: The search of your person, vehicle, or home violated the Fourth Amendment because there was no warrant, no valid exception to the warrant requirement, or the warrant was defective.
- Miranda violations: Statements you made during custodial interrogation were obtained without proper Miranda warnings.
- Chain of custody problems: Evidence was mishandled, contaminated, or improperly stored.
Suppression motions can change the entire trajectory of a case. If the court grants a motion to suppress a key piece of evidence (a confession, drugs found during a search, breath test results in a DUI case), the state may not have enough remaining evidence to proceed. Cases get dismissed after successful suppression motions.
Plea Negotiations
Most criminal cases in Arizona resolve through plea agreements, not trials. During the pre-trial phase, your attorney and the prosecutor negotiate the terms of a possible resolution. This can involve reducing the charges, recommending a lighter sentence, or agreeing to probation instead of prison.
A plea agreement is not surrender. In many cases, a negotiated resolution is the best outcome available given the evidence. The question is always whether the offer on the table is better than the likely outcome at trial, considering the strength of the evidence, the applicable sentencing range, and the risks involved.
Brad Rideout’s years as a former Arizona District Attorney give him direct knowledge of how prosecutors evaluate cases, set bottom lines, and make concessions. That experience informs every negotiation.
You always have the final say on whether to accept or reject a plea offer. Your attorney advises. You decide.
Step 6: Trial
If no plea agreement is reached, or if you choose to exercise your right to trial, the case goes before a judge or jury.
Bench Trial vs. Jury Trial
You have a constitutional right to a jury trial for any offense that carries a potential sentence of more than six months. For lesser offenses, a bench trial (decided by a judge alone) may be an option. In Arizona, a standard felony jury consists of eight members. Capital cases require twelve.
The decision between a bench trial and a jury trial is strategic. Jury trials are more unpredictable but offer the possibility that even one juror will find the state’s case unconvincing. Bench trials are more efficient and may be preferable when the legal issues are complex or the facts are sympathetic but the emotional impact of certain evidence could sway a jury the wrong way.
Burden of Proof
The state bears the entire burden of proof at trial. You are presumed innocent. The prosecution must prove every element of every charge beyond a reasonable doubt. You do not have to prove anything. You do not have to present evidence. You do not have to testify.
“Beyond a reasonable doubt” is the highest standard in American law. It does not mean beyond all possible doubt, but it requires the jury to reach a firm conviction of guilt based on the evidence presented.
Your Right to Testify or Remain Silent
You have the right to testify in your own defense. You also have the right not to testify. The Fifth Amendment protects you from being compelled to be a witness against yourself, and the jury is instructed that it cannot hold your silence against you.
The decision to testify is one of the most significant choices you will make during a trial. Testifying lets you tell your side of the story in your own words, but it also opens you up to cross-examination by the prosecutor. If you have prior convictions, the state may be able to bring those up to challenge your credibility.
This decision is made with your attorney based on the specific facts and strategy of your case. There is no universal right answer.
The Verdict
The jury must reach a unanimous verdict. If the jury cannot agree, the judge declares a mistrial, and the state can choose to retry the case. If the jury finds you not guilty, the case is over. You cannot be tried again for the same offense under the Double Jeopardy Clause.
If the jury finds you guilty, the case moves to sentencing.
Step 7: Sentencing
Sentencing in Arizona can happen immediately after a guilty verdict or guilty plea, but in most felony cases, the court schedules a separate sentencing hearing weeks or months later.
Presentence Reports
For felony convictions, the court typically orders a presentence investigation report (PSR) prepared by the Adult Probation Department. The probation officer interviews you, reviews the case file, checks your criminal history, and prepares a report for the judge that includes a recommended sentence.
The PSR carries significant weight. Judges rely heavily on these reports when deciding between probation and prison and when selecting a sentence within the statutory range. Your attorney should prepare you for the presentence interview and submit a sentencing memorandum that presents mitigating information the probation officer may not have access to: employment history, family support, treatment completion, letters of support, and anything else that paints a full picture.
Sentencing Options
Arizona sentencing depends on the classification of the offense, your criminal history, and whether the offense was designated as dangerous. The primary sentencing options are:
- Probation: Supervised release in the community, with conditions. Available for most first-time, non-dangerous felonies and misdemeanors. Probation terms vary from one to seven years for felonies, depending on the class of offense.
- Jail: County jail sentences of up to six months (or one year for certain offenses). Jail time can be a condition of probation.
- Prison: Arizona Department of Corrections. Prison sentences are governed by the sentencing tables in A.R.S. § 13-702 (first offense), A.R.S. § 13-703 (repeat offenders), and A.R.S. § 13-704 (dangerous offenses). Prison sentences in Arizona are served at 85% for most offenses, meaning you must serve at least 85% of the imposed sentence before becoming eligible for release.
- Fines and restitution: The court can impose fines up to statutory limits and order restitution to the victim for economic losses.
A defense attorney’s role at sentencing is to present every available mitigating factor, challenge the accuracy of the presentence report, and argue for the lowest appropriate sentence. Brad Rideout has stood at the defense table for sentencing hearings hundreds of times. Having a former Arizona prosecutor argue your mitigation case carries weight because the court knows he has seen both sides.
Step 8: Post-Conviction Relief
A conviction does not always mean the case is over. Arizona provides several avenues for post-conviction relief.
Direct Appeal
After a conviction at trial, you have the right to appeal. The appeal goes to the Arizona Court of Appeals, where a panel of judges reviews the trial record for legal errors. An appeal is not a new trial. The appellate court does not hear new evidence or re-weigh the facts. It looks at whether the trial court made legal mistakes that affected the outcome: improper jury instructions, erroneous rulings on evidence, prosecutorial misconduct, or sentencing errors.
The notice of appeal must be filed within 20 days of sentencing in most cases. Missing this deadline can forfeit your right to a direct appeal.
Post-Conviction Relief (Rule 32/33 Proceedings)
If your appeal is denied, or if issues arise that were not raised on appeal (such as ineffective assistance of counsel or newly discovered evidence), you can file a petition for post-conviction relief under the Arizona Rules of Criminal Procedure. These proceedings allow you to raise constitutional claims and present evidence that was not part of the trial record.
Set-Aside of Judgment Under A.R.S. § 13-905
Under A.R.S. § 13-905, after you complete your sentence (including probation, fines, and restitution), you can petition the court to set aside the judgment of guilt. If granted, the court enters an order vacating the judgment and dismissing the case. The conviction remains on your record, but with a notation that it was set aside. A set-aside releases you from most penalties and disabilities of the conviction, though it does not automatically restore firearm rights for felony convictions.
Record Sealing Under A.R.S. § 13-911
A.R.S. § 13-911 allows you to petition to seal your criminal record after completing your sentence and waiting the required period. Sealed records are removed from public view and do not appear on most background checks. Waiting periods range from two years for lower-level misdemeanors to ten years for Class 2 and Class 3 felonies. Certain offenses, including those requiring sex offender registration and dangerous crimes against children, are not eligible for sealing.
For a detailed explanation of record sealing, set-asides, and restoration of rights, see our Arizona Expungement and Record Sealing page.
Why Brad Rideout’s Prosecution Experience Matters at Every Stage
Most defense attorneys have only seen the criminal process from one side. Brad Rideout has been on both sides of every stage described on this page. As a former Arizona District Attorney, he made arrest decisions, presented cases to grand juries, negotiated plea agreements, tried cases to verdict, and argued at sentencing hearings. He knows how prosecutors build their cases because he built them himself.
That experience shows up in the details. Knowing which arguments actually move a prosecutor to improve a plea offer. Knowing which motions judges take seriously and which ones they deny without a second thought. Knowing how to prepare a client for a presentence interview so the resulting report gives the judge a reason to impose a lighter sentence.
Whether your case resolves at the pre-trial stage or goes all the way through trial and sentencing, you want an attorney who has been through the entire process from both sides. That is what Rideout Law Group provides.
Frequently Asked Questions About the Arizona Criminal Process
How long does a criminal case take in Arizona?
Misdemeanor cases typically resolve within two to four months. Felony cases take longer, often six months to a year or more, depending on the complexity of the charges, the volume of discovery, and whether the case goes to trial. Some complex felony cases with multiple defendants or extensive forensic evidence can take over a year.
Can I represent myself in a criminal case?
You have the constitutional right to represent yourself, and the court will allow it if you make a knowing and voluntary waiver of your right to counsel. That said, the criminal justice system has rules, deadlines, and procedures that trip up even experienced attorneys. Representing yourself in a felony case puts you at a serious disadvantage against a trained prosecutor.
What happens if I miss a court date?
The judge will issue a bench warrant for your arrest under A.R.S. § 13-2507. You will also likely forfeit any bond you posted, and you may face additional charges for failure to appear. If you realize you missed a court date, contact your attorney immediately. In some cases, a motion to quash the warrant can be filed before you are taken into custody.
What is the difference between a misdemeanor and a felony in Arizona?
Felonies are more serious offenses that carry potential prison sentences of more than one year and are served in the Arizona Department of Corrections. Misdemeanors carry a maximum of six months in county jail (up to one year for certain offenses). Felony convictions also result in the loss of civil rights, including the right to vote and possess firearms. For a full breakdown of felony sentencing, visit our criminal defense page.
Can charges be dropped after an arrest?
Yes. The prosecutor has sole discretion over whether to file charges after an arrest. If the evidence is weak, if witnesses become unavailable, or if your attorney presents information that undermines the state’s case, the prosecutor may decline to file charges or dismiss the case after filing. Your attorney can submit a “reasons for non-prosecution” letter to the prosecutor’s office before charges are formally filed.
Will I go to prison for a first-time felony?
Not necessarily. Many first-time, non-dangerous felony offenses are probation-eligible under Arizona law. Factors that influence whether the court imposes prison or probation include the class of felony, the nature of the offense, victim impact, your personal background, and the recommendation in the presentence report. Having a defense attorney who can present a strong mitigation case makes a real difference.
What is the difference between probation and parole in Arizona?
Probation is a sentence imposed by the court instead of, or in addition to, incarceration. You serve probation in the community under conditions set by the judge. Parole was abolished in Arizona for offenses committed after January 1, 1994. In its place, Arizona uses “community supervision,” which is a mandatory period of supervision that follows release from prison. The terms are set by the Arizona Department of Corrections, not the sentencing judge.
Talk to a Former Prosecutor About Your Case
If you are facing criminal charges in Arizona, you deserve an attorney who understands every stage of the process from the inside. Brad Rideout, a former Arizona District Attorney, has handled cases at every step described on this page. He knows how the system works because he worked in it. Now that experience is on your side.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Contact Rideout Law Group for a free consultation.
Your Next Step Matters More Than Your Last One
The Arizona criminal process is built to move fast once it starts. Deadlines are short, and the decisions you make at each stage affect everything that follows. Whether you were just arrested, received a summons, or discovered a warrant, the time to get legal guidance is now.
Rideout Law Group handles criminal defense cases across Arizona, including DUI charges, drug offenses, assault, domestic violence, and felonies of every classification. Brad Rideout’s experience as a former Arizona prosecutor means your defense is built by someone who has been on both sides of this process.
📞 Scottsdale Office: (480) 584-3328
📞 Lake Havasu Office: (928) 854-8181
📞 Toll-Free: (833) 854-8181
Call today. The consultation is free. The earlier you have a defense attorney involved, the more options you have at every stage.
This page provides general information about the criminal process in Arizona. It is not legal advice and does not create an attorney-client relationship. Every case is different, and the laws and procedures described here may not apply to your specific situation. Contact Rideout Law Group to discuss the facts of your case with a licensed Arizona criminal defense attorney.