Arizona

Criminal Procedure

Criminal Procedure

Rule 7.4 – Procedure

(a)Initial Appearance. At an initial appearance, the court must determine bail eligibility and the conditions for release. If the court decides that the defendant is eligible for release, the court must issue an order containing the conditions of release. The order must inform the defendant of the conditions and possible consequences for violating a condition, and that the court may immediately issue a warrant for the defendant’s arrest if there is a violation.
(b)Bail Eligibility Hearing.

(1)Right to Secure Witnesses, Cross-Examine, and Review Witness Statements. At a bail eligibility hearing, each party has the right to secure the attendance of witnesses, cross-examine any witness who testifies, and to review any previous written statement by the witness before cross-examination.
(2)Victims. Notwithstanding the time limits of Rule 39(g)(1), a victim must be afforded the rights provided in Rule 39(g).
(3)Admissibility. Evidence is admissible at the hearing only if it is material to whether, and under what conditions, to release the defendant on bail and whether probable cause exists to hold the defendant for trial on each charge. Rules or objections calling for the exclusion of evidence are inapplicable at a bail eligibility hearing.
(c)Later Review of Conditions.

(1)Generally. On motion or on its own, a court may reexamine bail eligibility or the conditions of release if the case is transferred to a different court or a motion alleges the existence of material facts not previously presented to the court.
(2)Motion Requirements and Hearing. The court may modify the conditions of release only after giving the parties an opportunity to respond to the proposed modification. A motion to reexamine the conditions of release must comply with victims’ rights requirements provided in Rule 39.
(3)Eligibility for Bail. If the motion is by the State and involves a defendant previously held eligible for bail at the initial appearance, it need not allege new material facts. The court must hold a hearing on the record as soon as practicable, but no later than 7 days after the motion’s filing.
(d)Evidence. A court may base a release determination under this rule on evidence that is not admissible under the Arizona Rules of Evidence.
(e)Defendant’s Bail Status. If the court makes the findings required under Rule 7.2(b)(1) or (b)(2) to deny bail, the court must order the defendant held without bail until further order. If not, the court must order the defendant released on bail under Rule 7.2(a).
(f)Review of Conditions of Release for Misdemeanors. No later than 10 days after arraignment, the court must determine whether to amend the conditions of release for any defendant held in custody on bond for a misdemeanor.
(g)Appointment of Counsel. The court must appoint counsel in any case in which the defendant is eligible for the appointment of counsel under Rule 6.1(b).

Ariz. R. Crim. P. 7.4

Added August 31, 2017, effective January 1, 2018. Amended Sept. 28, 2017, effective April 2, 2018; amended August 27, 2019, effective January 1, 2020.

COMMENT

Rule 7.4(d). The rule’s intent is to assure that a defendant will not spend more time in jail based on an inability to post bond than the defendant would spend after completing a sentence imposed for the charge, and to ensure that no defendant becomes lost in the system. The court should document its review of the case file.

HISTORICAL AND STATUTORY NOTES

Former Rule 7.4, relating to procedure, was abrogated effective January 1, 2018.