In Arizona, someone who is arrested must see a judge within 24 hours for an initial appearance so that the judge can (1) determine if there is probable cause for the arrest; and (2) set reasonable conditions of release or bail.
While some circumstances do not allow for bail to be posted (capital murder, offense committed on release from a prior offense, certain sex offenses, or the defendant is not legally present in the United States), it is always helpful to have attorney representation at the initial appearance in order to get a reduced bail, or a release on one's recognizance (promise to appear).
Prosecutors are almost always present for these hearings. Why wouldn't you want to representation to assist you at such a critical time? In Maricopa County, initial appearances are held 24 hours a day on felony charges. Contact us immediately if someone has been arrested in Phoenix and needs a criminal defense attorney at their initial appearance.
Bail in Federal Cases
In federal cases, a defendant will usually be released unless the Government shows (1) that he is a danger to the community, or (2) that he is a flight risk. Usually within a few days after arrest, a magistrate will hold a detention hearing to determine whether or not someone will be released. If release is granted, it is almost always under the supervision of Pretrial Services. Drug testing and house arrest can be required.
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