Rule 4.2. Initial Appearance
Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: December 6, 2023
Effective: December 6, 2023
16A A.R.S. Rules Crim.Proc., Rule 4.2
Rule 4.2. Initial Appearance
(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
(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.
(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.
Credits
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 15, 2024. The Code of Judicial Administration is current with amendments received through May 15, 2024.
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