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Your Kearny Criminal Defense Attorney
One fact shapes how an Arizona criminal case is actually timed: the filing deadline scales with the charge’s severity, and for homicide and certain serious violent felonies, that deadline doesn’t exist at all. The actual deadlines for lesser offenses, and what can pause the clock, are covered further down this page.
The Basics of an Arizona Criminal Case
An Arizona criminal case moves through real, distinct stages: arrest, an initial court appearance, a decision on release conditions, and, in the large majority of cases, a negotiated resolution rather than a trial.
Arizona's Statute of Limitations for Criminal Charges
The base filing window under A.R.S. Section 13-107(B) runs seven years for class 2-6 felonies, one year for misdemeanors, and just six months for petty offenses. A.R.S. Section 13-107(A) removes the deadline entirely for homicide and certain other serious violent felonies, meaning the state can charge those offenses at any point.
Your Right To Counsel During an Arizona Case
The right to remain silent and to an attorney during questioning traces directly back to Arizona: Miranda v. Arizona, 384 U.S. 436 (1966), grew out of Ernesto Miranda’s 1963 arrest in Phoenix, and established the warnings police are now required to give nationwide. That history doesn’t make the right any less real today: anything said during custodial questioning before those warnings are properly given can potentially be challenged in court.
Bail and Your First Court Appearance in Arizona
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 and bail conditions under Ariz. R. Crim. P. 7 weigh the offense’s severity, the person’s criminal history, danger to the community, and flight risk; violating those conditions can mean a new warrant, a failure-to-appear charge, and forfeiture of any bail posted.
Arizona's Three DUI Tiers
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. Even a first-time extreme DUI conviction under A.R.S. Section 28-1382 comes with a mandatory minimum jail term, 30 days at 0.15-0.19 BAC or 45 days at 0.20 and above, and a mandatory ignition interlock device.
Kearny's Small-Town Police Department
Kearny is policed by its own small, Arizona POST-certified department of five full-time officers, with local town-code violations, traffic tickets, and arrests handled through Kearny’s own Magistrate Court. None of that changes the filing framework: a case connected to Kearny still goes through the Superior Court of Arizona in Pinal County for felony matters, under Arizona’s statewide rules.
Getting Started With a Kearny Criminal Defense Case
Given the deadlines and initial-appearance rules involved, connecting with an attorney early in Kearny gives more time to build a real defense before key decisions get made. Complete the form here to speak with a criminal defense attorney about what your case may involve.
Related reading: criminal defense cases from Apache Junction and our Maricopa criminal defense page.
Frequently Asked Questions
What is Arizona’s statute of limitations for a criminal case?
Under A.R.S. Section 13-107(B), the general deadlines are seven years (class 2-6 felonies), one year (misdemeanors), and six months (petty offenses). A class 6 felony charged as a misdemeanor still carries the full 7-year deadline, not the 1-year misdemeanor window, under A.R.S. Section 13-107(F).
Can plea agreements resolve an Arizona criminal case?
Yes: plea agreements, authorized under Ariz. R. Crim. P. 17.4, resolve the substantial majority of Arizona criminal cases without going to trial. Release conditions can include requirements beyond posted bail, such as check-ins or travel restrictions.
Is jail time mandatory for a first DUI in Arizona?
For an extreme DUI (0.15 BAC or higher) under A.R.S. Section 28-1382, yes: a mandatory minimum of 30 days (45 at 0.20+) applies even on a first offense, with no probation-only option. The mandatory minimums under Section 28-1382 apply even to a first-time offender with no prior record.
Where would my Kearny criminal case be filed?
Felony cases connected to Kearny are generally filed in the Superior Court of Arizona in Pinal County, which has exclusive original jurisdiction over felonies.
How To Start Building Your Kearny Defense
With Arizona’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with Kearny and the surrounding courts can help make sure nothing gets missed. The form on this page connects you directly with a criminal defense attorney to go over your situation and next steps.
