Speedy Trial Rights Arizona

ARIZONA “SPEEDY TRIAL RIGHTS”: ARIZONA CRIMINAL RULES OF PROCEDURE

Rule 8 of the Arizona Rules of Criminal Procedure governs the maximum time limit when a trial must begin after charges have been filed. This is often called the “Speedy Trial Right”. It should not be confused with the Statute of Limitations which limits the time the State of Arizona has to bring criminal charges against someone.

ARIZONA CRIMINAL CASE TIME LIMITS

Under Arizona Rules of Criminal Procedure, the time line can be broken down into four different types. If a trial is to commence, it must begin within the following time lines below:

Defendants in Custody: 150 days from arraignment
Defendants Released From Custody: 180 days from arraignment

“EXCLUDED PERIODS” OF THE ARIZONA CRIMINAL CASE TIME LIMITS

Arizona laws allow for extending the speedy trial periods in certain occasions.

  • Competency or mental health hearings
  • Defendant’s absence or incompetence, or his or her inability to be arrested or taken into custody in Arizona
  • Delays resulting from extension of the time for disclosure
  • Delays necessitated by congestion of the trial calendar, but only when the congestion is attributable to extraordinary circumstances
  • Delays resulting from continuances
  • Delays resulting from joinder for trial with another defendant as to whom the time limits have not run