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Rule 14.4. Proceedings at Arraignment

Arizona Revised Statutes AnnotatedRules of Criminal ProcedureEffective: July 1, 2023

Arizona Revised Statutes Annotated
Rules of Criminal Procedure (Refs & Annos)
IV. Pretrial Procedures
Rule 14. Arraignment (Refs & Annos)
Effective: July 1, 2023
16A A.R.S. Rules Crim.Proc., Rule 14.4
Formerly cited as AZ ST RCRP Rule 14.3
Rule 14.4. Proceedings at Arraignment
At an arraignment, the court must:
(a) enter the defendant's plea of not guilty, unless the defendant pleads guilty or no contest and the court accepts the plea;
(b) decide motions concerning release conditions under Rule 7 if:
(1) the arraignment is held with the defendant's initial appearance under Rule 4.2;
(2) the moving party provides 5 days' notice of a contested release motion; or
(3) all parties agree;
(c) set the date for trial or a pretrial conference;
(d) provide written notice of the dates of further proceedings and other important deadlines;
(e) inform the defendant of the following:
(1) the right to counsel and the right to court-appointed counsel if eligible;
(2) the right to jury trial, if applicable;
(3) the right to be present at all future proceedings;
(4) the failure to appear at future proceedings may result in the defendant being charged with a new offense and the court issuing an arrest warrant;
(5) all proceedings may be held in the defendant's absence, other than sentencing; and
(6) the defendant may lose the right to a direct appeal if the defendant's absence from sentencing causes sentencing to occur more than 90 days after any conviction;
(f) appoint counsel if applicable;
(g) 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:
(1) 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. § 13-3601; 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
(2) 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.
(v) Victims' Rights. If the court under (b) decides a release motion at the defendant's arraignment, a victim has the rights provided in Rule 7.2(v).

Credits

Added Aug. 31, 2017, effective Jan. 1, 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.
16A A. R. S. Rules Crim. Proc., Rule 14.4, AZ ST RCRP Rule 14.4
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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