What Happens After a Felony Arrest in Arizona?
Being arrested and charged with a felony in Arizona can leave you uncertain about what will happen next and how the case could affect your future. Decisions made during the earliest stages can influence your release, the evidence used against you, and the direction of your defense.
A felony arrest does not mean you have been convicted. The prosecution must still prove the charges beyond a reasonable doubt. Before the case reaches that point, the court will address several important matters. These include whether you can be released, whether there is probable cause for the case to continue, and how you respond to the charges. Your attorney will also have opportunities to examine the evidence, challenge the prosecution’s case, and negotiate a possible resolution.
Understanding what to expect can help you make informed decisions and avoid actions that could make your situation more difficult. An experienced Arizona felony defense attorney can protect your rights, examine the allegations, and begin developing a defense as early as possible.
Booking and Processing After the Arrest
After an arrest, law enforcement will typically take the person to a police station or detention facility. The booking process may include:
- Recording identifying information
- Taking fingerprints and photographs
- Searching the person
- Collecting personal property for storage
- Asking basic questions needed to complete the booking process
Be Careful When Speaking About the Case
Investigators may continue asking questions about the alleged offense. You have the right to remain silent and request an attorney, even if officers suggest that answering questions could help resolve the situation. Trying to explain what happened without legal guidance may provide investigators with statements that can later be used against you.
Clearly state that you want to remain silent and speak with an attorney. You should also avoid discussing the case with other people in custody because those conversations may not remain private. Once contacted, a criminal defense attorney can communicate with law enforcement on your behalf and help protect you from making statements that could harm your defense.
The Initial Appearance and Release Decision
The initial appearance is the first time the arrested person appears before a judge. During this hearing, the judge explains the alleged charges and advises the person of important rights. These include the right to remain silent and the right to an attorney. The court may appoint an attorney if the defendant qualifies for court-appointed representation.
The judge will also decide whether the person can leave custody while the case is pending. Depending on the circumstances, the court may:
- Release the person without requiring a bond
- Set a bond that must be posted before release
- Require supervision through pretrial services
- Order electronic monitoring
- Restrict travel
- Prohibit contact with an alleged victim or witness
- Keep the person in custody
When deciding what conditions to impose, the judge may consider the severity of the allegations, the person’s criminal history, ties to the community, and likelihood of returning to court.
Anyone released from custody must follow every condition ordered by the judge. Violating those conditions could lead to another arrest or stricter restrictions. A criminal defense attorney can advocate for release and explain why less restrictive conditions may be appropriate.
The Preliminary Hearing or Grand Jury Process
Before a felony case proceeds to trial, the prosecution must establish probable cause. This means showing that there is enough evidence to believe a felony occurred and that the defendant may have committed it. Arizona felony cases generally reach this decision through either a preliminary hearing or a grand jury.
Preliminary Hearing
At a preliminary hearing, the prosecution presents evidence to a judge. Witnesses may testify, and the defense has an opportunity to question them and challenge the evidence. The judge then decides whether probable cause exists for the case to continue.
This hearing does not determine whether the defendant is guilty. The prosecution’s burden at this stage is lower than the burden it would face at trial.
Grand Jury Indictment
Instead of holding a preliminary hearing, the prosecution may present the case to a grand jury. These proceedings take place without a judge deciding the issue. The grand jurors review the evidence presented by the prosecutor and determine whether there is probable cause to issue an indictment.
If an indictment is issued, the felony case can move forward to arraignment. A defense attorney can review how the charges were obtained and determine whether there may be grounds to challenge the proceedings.
Arraignment and Entering a Plea
After charges are formally filed, the defendant appears in court for an arraignment. The judge states the charges and asks the defendant to enter a plea. The available pleas are guilty, not guilty, or no contest.
A defendant will often plead not guilty at this stage, so the attorney has time to review the evidence and investigate the allegations. A not-guilty plea does not prevent the case from being resolved later through negotiations. It requires the prosecution to continue proving its case.
The court may also use the arraignment to:
- Confirm that the defendant has an attorney
- Review the conditions of release
- Schedule future hearings
- Set deadlines for the case
The arraignment does not determine whether the defendant committed the alleged offense. It formally begins the next phase of the case, during which the defense can examine the prosecution’s evidence and prepare a response to the charges.
Evidence Review and the Defense Investigation
During the pretrial stage, the defense begins examining the evidence behind the charges. This work generally involves three parts.
1. Reviewing the Prosecution’s Evidence
The prosecution must provide certain information through a process known as discovery. This allows the defense to understand the allegations and identify possible weaknesses in the case.
Discovery may include:
- Police reports
- Body-camera or surveillance footage
- Witness statements
- Photographs
- Phone or digital records
- Laboratory results
- Search warrants
- Recordings of interviews
2. Conducting an Independent Investigation
A defense attorney does more than review the material provided by the prosecution. The attorney may interview witnesses, visit relevant locations, consult with experts, or seek evidence that law enforcement did not collect.
This investigation may uncover conflicting statements or unreliable witness accounts. It may also reveal problems with forensic testing or violations of the defendant’s rights. In some cases, the defense finds information that supports the defendant’s account of what happened.
3. Determining How to Respond
Reviewing the evidence early gives the attorney more time to preserve important information and decide how to respond to the charges. The results of the investigation can shape pretrial motions and discussions with the prosecutor. They can also help the attorney prepare the case for trial.
If the investigation reveals a legal problem, the attorney may file a motion asking the court to address it. For example, the defense may seek to exclude evidence obtained through an unlawful search or prevent the prosecution from using statements gathered in violation of the defendant’s rights. The outcome of these requests can affect how the case proceeds.
Plea Negotiations and Possible Resolutions
Many felony cases are resolved through negotiations rather than a trial. During this process, the defense attorney and prosecutor discuss whether the case can be resolved through a plea agreement.
A negotiated agreement may involve:
- Reducing a felony to a less serious charge
- Dismissing one or more counts
- Reaching an agreement about sentencing
- Pursuing probation or treatment when legally available
The strength of the evidence can influence what the prosecution is willing to offer. The defendant’s criminal history and the seriousness of the allegations may also affect the negotiations. A defense attorney can identify weaknesses in the case and use that information when advocating for a more favorable resolution.
Accepting a plea agreement usually requires the defendant to give up the right to a trial and accept a conviction. The attorney can explain the terms and discuss how the agreement may affect the defendant. However, the final decision to accept or reject an offer belongs to the defendant.
What Happens If the Case Goes to Trial?
If the case is not dismissed or resolved through a plea agreement, it may proceed to trial. The prosecution must prove every element of the felony charge beyond a reasonable doubt. The defendant is presumed innocent and does not have to prove innocence.
A felony jury trial generally follows these steps:
- Jury selection: The attorneys question potential jurors and help select the people who will hear the case.
- Opening statements: Each side explains what it expects the evidence to show.
- The prosecution presents its case: Prosecutors call witnesses and introduce evidence. The defense can cross-examine those witnesses and challenge their testimony.
- The defense may present evidence: The defense can call witnesses or introduce other evidence. However, it is not required to present a case.
- Closing arguments: Each side explains how the jury should evaluate the evidence.
- Jury deliberation and verdict: The jurors discuss the case privately and decide whether the prosecution proved the charges.
A defense attorney prepares for trial by examining the prosecution’s evidence and developing a strategy for challenging it. This may involve questioning witness credibility or disputing how evidence was collected. The attorney may also present evidence that supports the defense.
What Should You Do After Being Released?
Being released from custody does not mean the case is over. The court may impose rules that remain in effect while the charges are pending. What you do during this period can affect your freedom and your defense.
After your release:
- Follow every release condition. Review the court’s instructions carefully and ask your attorney if anything is unclear.
- Attend every court appearance. Missing a required hearing could result in a warrant or changes to your release.
- Do not discuss the allegations with law enforcement. Direct questions about the case to your attorney.
- Do not contact an alleged victim or witness. Follow all no-contact orders, even if the other person tries to contact you first.
- Avoid posting about the case online. Prosecutors may review social media activity for statements or other information they can use.
- Preserve relevant evidence. Save messages, photographs, videos, documents, and other information that may relate to the allegations.
- Contact a felony defense attorney promptly. Early representation gives the attorney more time to investigate and prepare a response.
Following these steps can help you avoid additional legal problems while your attorney begins developing your defense.
Frequently Asked Questions
How long can someone be held before seeing a judge in Arizona?
An arrested person must be brought promptly before a judge. Under Arizona law, the initial appearance must occur within 24 hours of the arrest. If it does not, the person must be released from custody. A release caused by this delay does not automatically dismiss the felony charges.
Can felony charges change after an arrest?
Yes. The prosecutor may file charges that differ from those listed at the time of the arrest. Charges may also be added, amended, reduced, or dismissed as new evidence becomes available and the case moves forward.
Will I remain in jail until my case is resolved?
Not necessarily. At the initial appearance, the judge decides whether the defendant can be released while the case is pending. The court may release the person without a bond, set a bond, or impose other conditions. In some cases, the judge may order the defendant to remain in custody.
What happens if I violate my release conditions?
The court may issue a warrant and return the defendant to custody. The judge may also impose stricter conditions or revoke the previous release. Depending on what occurred, the violation could create additional legal problems. Speak with your attorney before taking any action that might conflict with a court order.
Can an Arizona felony charge be reduced or dismissed?
A felony charge may be reduced or dismissed, but no result is guaranteed. The outcome depends on the evidence and the facts of the case. Problems with a search, an unreliable witness, or insufficient evidence may affect the prosecution’s ability to proceed. A defense attorney can also negotiate with the prosecutor when a reduced charge may be appropriate.
Speak With an Arizona Felony Defense Attorney
The time after a felony arrest can be confusing, but you do not have to face the process without guidance. Early representation gives your attorney more time to investigate the allegations and preserve evidence. It also allows the defense to begin preparing before important hearings take place.
Armando Nava represents people facing serious felony charges in Arizona. He can review the circumstances surrounding your arrest, explain what to expect, and develop a defense based on the facts of your case.
Contact Nava Law Firm at 602-975-4990 to schedule a free consultation. The firm is available 24/7 to speak with people who need help after a felony arrest.
