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Rule 4.2. Initial Appearance

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: December 6, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
II. Preliminary Proceedings
Rule 4. Initial Appearance (Refs & Annos)
Effective: December 6, 2023
16A A.R.S. Rules Crim.Proc., Rule 4.2
Rule 4.2. Initial Appearance
(a) Generally. At an initial appearance, a 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 is eligible for appointed counsel under Rule 6;
(6) unless the magistrate determines under (a)(8) that release on bail is prohibited, determine the conditions of release under Rule 7.2(a);
(7) determine whether probable cause exists to believe:
(A) the defendant committed a capital offense 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);
(8) 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);
(9) 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 an offense listed in Title 13, Chapters 12, 14, 15 except A.R.S. § 13-1509, 18, 20 through 23, 32, 34, or 34.1; a domestic violence offense as defined in A.R.S. § 1 3-3601; a violation of A.R.S. §§ 13-1604, 13-2406, 13-2904, 13-2907 to 13-2907.05, 13-2910, 13-2916, 13-3102, 13-3103, 13-3513, 13-3555, 13-3558, 13-3613, 13-3619, 13-3623, 13-3704, or 46-215; or a violation of an offense listed in Title 28, Chapter 4; 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
(10) 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 must set a date for the continued arraignment.
(v) Victims' Rights.
(1) At the defendant's initial appearance, a victim has a right to be heard concerning the defendant's possible release and the conditions of release.
(2) If a magistrate combines an initial appearance and an arraignment under (c), the victim must be given sufficient notice and an opportunity to be present and to be heard. If a magistrate delays an arraignment under (c), sufficient notice must be provided to the victim of the date for the continued arraignment.


Added Aug. 31, 2017, effective Jan. 1, 2018. Amended Sept. 28, 2017, effective April 2, 2018. Amended on an emergency basis June 8, 2018, effective July 1, 2018, adopted on a permanent basis Dec. 13, 2018. Amended on an emergency basis Aug. 29, 2022, effective Jan. 1, 2023, permanently adopted with additional amendments Dec. 8, 2022, effective Jan. 1, 2023. Amended Dec. 8, 2022, effective July 1, 2023. Amended on an emergency basis, effective Dec. 6, 2023.
16A A. R. S. Rules Crim. Proc., Rule 4.2, AZ ST RCRP Rule 4.2
State Court Rules are current with amendments received through May 1, 2024. The Code of Judicial Administration is current with amendments received through May 1, 2024.
End of Document