How Long Does a Criminal Case Last in Arizona?

Criminal law cases in Arizona can last anywhere from months to years. It depends on the circumstances of the case. Having a criminal case pending can be stressful and overwhelming. Future freedoms and goals are on the line.

It can cause strain on relationships, trouble concentrating at work, or sleeping at night. Experienced Arizona criminal defense attorneys help clients through the process of a criminal case. Although you want the case to be over and behind you, a speedy trial is not always in an accused person’s favor.

There are obstacles in place to protect defendants from prosecutors or judges that want to push a case through. It can take a while to analyze evidence and determine if a defendant is attached to it. A criminal defense lawyer can ensure your case is not pushed through the system.

A longer domestic violence case may also work for the defendant. Domestic charges are full of emotion. A longer case allows parties to distance themselves from what happened and speak objectively about it. False accusations are likely to reveal themselves.

At times, a speedy trial is in a defendant’s favor. Being charged with a crime may prevent a defendant from applying for a job. Quickly resolving a case helps make sure your life is not subjected to the charges or put on hold.

Witness availability can also expedite a case. If a critical witness is leaving the state shortly, you want to speed the process to ensure using them while they are available. It is essential to speak to a criminal attorney representing you to find out how long the case will last.

Criminal Statutes of Limitation

There are time limits in which a prosecutor has to file criminal charges before they cannot do so. Time limits are established for starting criminal proceedings. The limits are in place so the prosecution can proceed while witnesses and evidence are available and memories are fresh.

Statutes of limitations typically start on the date crimes are committed. If time expires before the criminal proceedings begin, the charges are not supposed to be filed, but the defendant must raise the problem.

Arizona Statutes of Limitation

In Arizona, violent sexual assault or murder have no statute of limitations. Someone can be prosecuted for these offenses whether the crime was committed a year ago or 40 or more years ago. The statute of limitations on other felonies is typically seven years.

Misdemeanors carry a one-year state of limitation or six months for petty crimes in Arizona. Statutes of limitations are divided into state and federal categories. Those charges with federal crimes that fall into the felony category that can be tried with no time limit include

• Conspiracy to commit homicide resulting in death
• Engaging in, soliciting, or organizing an act of terrorism
• Falsifying public records
• Homicide
• Misuse of public funds
• Violent sexual assault
• Unlawful use of a radiological agent or an infectious biological substance

Attempting to commit these crimes is also a felony. When a crime unfolds over days, months, or years, defense lawyers and prosecutors may take conflicting positions to the start or toll of the statute of limitations.

The statute of limitations is not applicable when a person is absent from Arizona, has no reasonably ascertained residence in Arizona, or whose identity is unknown. Claiming the statute of limitations is called raising an ‘affirmative defense.’

A defendant has to petition the court for a dismissal based on a violation of the statute of limitations. Pleading guilty to a reduced charge and then learning the statute of limitations had expired does not allow discharge based on a breach of the statute. The defense for dismissal must be raised while the case is pending.

Statute of Limitations vs. Right to a Speedy Trial

The Sixth Amendment providing the right to a speedy trial is not the same as the statute of limitations. Statute of limitations establishes time limits for criminal proceedings to begin. The Sixth Amendment addresses the time between the start of criminal proceedings and when a case goes to trial.

To protect a defendant’s right to a speedy trial, Arizona Rules of Criminal Procedure mandates people held in custody must have trial proceedings begin within 150 days of arraignment. Those released from jail while the case is pending must be brought to trial within 180 days of the arraignment.

A case properly brought within the statute of limitations can be dismissed if a prosecutor fails to move it along. The judge can decide if there is a violation of a defendant’s Sixth Amendment rights. Part of the defendant’s right to a speedy trial means a court date must be set within days of a defendant’s initial appearance.

If there is not enough evidence to prosecute a suspect, the case becomes pending. The statute of limitations determines how long it can remain open. Typically, the statute of limitations is three years for most felonies.

The Trial Process

An arrested suspect is taken to jail and ‘booked’ for committing a specific offense. The defendant must be taken before a Commissioner or Judge for an Initial Appearance within 24 hours of being arrested. At the Initial Appearance, four things take place.

The defendant is informed of the allegations, advised of his or her right to a lawyer, conditions for release are established, and a date for a preliminary hearing and status conference is set. Defendants not held in custody with a bond can be released after 48 hours if a direct complaint of the charges is not filed by the County Attorney.

In a direct complaint, a prosecutor can present evidence for an indictment to a randomly selected Grand Jury made up of at least nine citizens. An arraignment takes place within ten days after a direct complaint or indictment is filed.

The Expedited Drug Court handles most first-time and second-time drug offenses to prevent a backlog of relatively minor cases and resolves them as quickly as possible. Cases that are eligible are identified at the Initial Appearance.

A preliminary hearing is set within ten days. Between the arraignment and trial, many activities are performed to prepare for trial. After the arraignment, a defendant who pleads guilty is scheduled for an IPTC (Initial Pretrial Conference).

A Commissioner presides to narrow controversial issues that surround a case and perhaps settle the case before the trial date. An IPTC is typically held within 45 days following the arraignment. Sometimes lawyers file a motion to postpone, or continue a trial.

If the request to delay is more than five business days, a panel made up of judges decides if there is sufficient reason to delay the trial. The trial judge hears a motion to continue if the request is for five days or less. Trials usually last three to seven days but may run longer.

There is no legal limit on how many times a specific case can be rescheduled. Panels review motions to continue with the intent of reducing the number of motions and save time before the trial. If a defendant is found or pleads guilty, the Judge sets a date for sentencing. It generally takes place 30 days after the verdict or plea.

If you end up getting charged with a criminal offense in Arizona, you must understand your legal options and how to address the charges to avoid as much turmoil as possible. You should seek guidance from the experienced criminal defense attorneys at Phoenix Criminal Lawyer to help guide you through the legal process. After reviewing your individualized case, we can help you customize a defense strategy that increases your chance of receiving the best outcome possible.

Call the Phoenix Criminal Lawyer criminal law team at a (602) 600-0447 to get expert-level legal help with your case.