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Your Tucson Criminal Defense Attorney
In Arizona, how much time the state has to file a criminal charge depends directly on what’s being alleged, down to no deadline at all for homicide and certain other serious violent felonies. The actual deadlines for lesser offenses, and what can pause the clock, are covered further down this page.
Understanding a Criminal Charge in Arizona
Arizona’s criminal process gives an accused person real rights at every stage, from the moment of arrest through any eventual trial, that don’t depend on the strength of the case against them.
Arizona's Criminal Filing Deadlines
Arizona’s general rule, A.R.S. Section 13-107(B), gives the state seven years to charge most felonies, one year for misdemeanors, and six months for petty offenses. The clock can also pause under A.R.S. Section 13-107(D)-(E): while the accused is out of state or has no ascertainable address, and for certain serious offenses, while the offender’s identity is unknown, which matters in DNA and cold-case situations.
Arizona's Own Role in the Right to Counsel
Miranda v. Arizona, 384 U.S. 436 (1966), the case that created the now-familiar warnings about the right to remain silent and to an attorney, began with an actual 1963 arrest in Phoenix. The practical effect today is straightforward: a suspect has the right to stay silent and to have an attorney present during police questioning, and to have one appointed if one can’t be afforded.
Getting Released Pending an Arizona Case
Ariz. R. Crim. P. 4.1(a) sets a real outer limit on how long someone can be held before seeing a magistrate: without unnecessary delay, and release is generally required past 24 hours. Release conditions can be revisited later in the case; an attorney can request a review of bail or other conditions set at the initial appearance in appropriate circumstances.
What Makes Arizona DUI Penalties So Strict
Arizona’s DUI framework has three distinct tiers based on blood alcohol content: standard DUI under A.R.S. Section 28-1381, extreme DUI at 0.15 BAC or higher under A.R.S. Section 28-1382, and aggravated DUI, a felony, under A.R.S. Section 28-1383 for circumstances like a third DUI in 84 months, driving on a suspended license, or having a minor in the vehicle. Arizona’s penalties are notably strict even on a first offense: extreme DUI under A.R.S. Section 28-1382 carries a mandatory minimum of 30 consecutive days in jail (45 days at 0.20 BAC or higher), with no probation-only sentence available unless the full jail term is served.
Tucson and the Pima County Adult Detention Complex
Tucson-area felony and longer-term detention runs through the Pima County Adult Detention Complex, a roughly 2,500-inmate facility operated by the Pima County Sheriff’s Department that houses everyone from pre-trial defendants to those serving misdemeanor sentences, alongside education and substance-abuse programming. A criminal case connected to Tucson is filed in the Superior Court of Arizona in Pima County, following the same statewide rules that apply everywhere in Arizona.
Speak With a Tucson Criminal Defense Attorney
Because bail conditions and plea decisions often happen fast, reaching out to an attorney early in Tucson matters more than it might seem at first. The form on this page connects you directly with a criminal defense attorney to go over your situation and next steps.
A few related pages worth a look: criminal defense attorneys in Sahuarita and criminal defense attorneys in Oro Valley.
Frequently Asked Questions
Do the filing deadlines change based on what I’m charged with?
Yes, significantly: A.R.S. Section 13-107 ties the deadline directly to offense severity, from six months up to seven years, or no deadline at all for the most serious offenses. These deadlines govern when the state can FILE charges, not how long a case can take to resolve once it’s filed.
Will I automatically be released on bail in Arizona?
No, it’s not automatic; release and bail conditions under Ariz. R. Crim. P. 7 depend on the offense’s severity, criminal history, danger to the community, and flight risk. Bail amounts and conditions can differ significantly between a misdemeanor and a felony charge.
Are all Arizona DUI charges treated the same?
No: Arizona separates standard DUI (A.R.S. Section 28-1381), extreme DUI at 0.15 BAC or higher (Section 28-1382), and aggravated DUI, a felony (Section 28-1383), each with different penalties. Aggravated DUI is prosecuted in Superior Court as a felony, not in the lower courts that typically handle standard DUI.
Where would my Tucson criminal case be filed?
Felony cases connected to Tucson are generally filed in the Superior Court of Arizona in Pima County, which has exclusive original jurisdiction over felonies.
How To Start Building Your Tucson Defense
With Arizona’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with Tucson and the surrounding courts can help make sure nothing gets missed. Fill out the form on this page to get connected with a criminal defense attorney who can review the details of your situation.
