what happens at my initial appearance after arrest in mohave county, coconino county, flagstaff, bullhead city, kingman and lake havasu city
At Mohave Law PLLC we often field questions from prospective clients or their families inquiring about what happens after an arrest. In general an arrested person must be promptly taken before a magistrate. If the initial appearance of the arrested person does not occur within 24 hours after the arrest then the arrested person must be immediately released from custody. Different procedures are involved depending on if the person is arrested with or without a warrant.
At the initial appearance the judge must:
- Determine the Defendant’s true name and address;
2. Inform the Defendant of the charges and, if available, provide the person with a copy of the complaint, information or indictment;
3. Inform the Defendant of the right to counsel and the right to remain silent;
4. Determine whether there is probable cause for purposes of release from custody, and, if no probable cause is found, immediately release the person from custody;
5. Appoint counsel if the Defendant requests and is eligible for appointed counsel;
6. Permit and consider any victim’s oral or written comments concerning the Defendant’s possible release and conditions of release;
7. Determine the conditions of release, including whether the Defendant is non-bailable;
8. Order a summoned Defendant to be fingerprinted no later than 20 calendar days if the Defendant is charged with certain offenses.
In addition, if the Defendant is charged with a felony in the complaint the judge must inform the Defendant of their right to a preliminary hearing.
If you are in need of legal representation for criminal defense Mohave Law PLLC is here to protect your rights and fight for justice. Please call us at 928-263-2026 to see if our firm is the right fit for your legal needs. We handle cases throughout Arizona.