Arizona

Criminal Procedure

Rule 4.2 – Initial Appearance

(a)Generally. At an initial appearance, the magistrate must:

(1) determine the defendant’s true name and address and, if necessary, amend the formal charges to correct the name and instruct the person to promptly notify the court of any change of 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 under Rule 6;

(6) permit and consider any victim’s oral or written comments concerning the defendant’s possible release and conditions of release;

(7) unless the magistrate determines under (a)(8) that release on bail is prohibited, determine the conditions of release under Rule 7.2(a);

(8) determine whether probable cause exists to believe:

(A) the defendant committed a capital offense, a sexual assault, or any felony offense committed while the person was on pretrial release for a separate felony charge; or

(B) the defendant committed a felony for which release on bail is prohibited because the defendant poses a substantial danger and no conditions of release will reasonably assure the safety of the victim, any other person, or the community based on the considerations provided in Rule 7.2(b)(3);

(9) if the court determines that the defendant is not eligible for bail based on a determination under (a)(8)(A) or (B), schedule a bail eligibility hearing in superior court as required under Rule 7.2(b)(4);

(10) order a summoned defendant to be 10-print fingerprinted no later than 20 calendar days by the appropriate law enforcement agency at a designated time and place if:

(A) the defendant is charged with a felony offense, a violation of A.R.S. §§ 13-1401 et seq. or A.R.S. §§ 28-1301 et seq., or a domestic violence offense as defined in A.R.S. § 13-3601; and

(B) the defendant does not present a completed mandatory fingerprint compliance form to the court, or if the court has not received the process control number; and

(11) order the arresting agency to secure a sample of buccal cells or other bodily substances for DNA testing if:

(A) the defendant is in-custody and was arrested for an offense listed in A.R.S. § 13-610(O)(3); and

(B) the court has not received proof of compliance with A.R.S. § 13-610(K).

(b)Felonies Charged by Complaint. If a defendant is charged in a complaint with a felony, in addition to following the procedures in (a), the magistrate must:

(1) inform the defendant of the right to a preliminary hearing and the procedures by which that right may be waived; and

(2) unless waived, set the time for a preliminary hearing under Rule 5.1.

(c)Combining an Initial Appearance with an Arraignment. If the defendant is charged with a misdemeanor or indicted for a felony and defense counsel is present or the defendant waives the presence of counsel, the magistrate may arraign a defendant under Rule 14 during an initial appearance under (a). If, however, the magistrate lacks jurisdiction to try the offense, the magistrate may not arraign the defendant and must instead transfer the case to the proper court for arraignment. If the court finds that delaying the defendant’s arraignment is indispensable to the interests of justice, the court when setting a date for the continued arraignment must provide sufficient notice to victims under Rule 39(b)(2).

Ariz. R. Crim. P. 4.2

Added August 31, 2017, effective January 1, 2018. Amended Sept. 28, 2017, effective April 2, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 4.2, relating to initial appearance, was abrogated effective January 1, 2018.

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