Your family member was arrested in Maricopa County. They’re sitting in jail, but no charges have been filed yet. Days go by. Maybe a week. You start asking: how long can they hold someone without pressing charges?
Arizona law sets strict time limits on how long prosecutors can hold someone in custody before formally filing charges.
The 24-Hour Rule for Initial Appearances
After someone is arrested in Arizona, they must be brought before a judge for an initial appearance within 24 hours, or by the next business day if arrested on a weekend or holiday.
This requirement comes from Arizona Rule of Criminal Procedure 4.1, which governs pre-trial proceedings in criminal cases.
At this hearing, the judge will:
- Inform the defendant of the charges they’re being held on
- Determine whether there’s probable cause for the arrest
- Set bail or release conditions
But the charges announced at the initial appearance are often preliminary. Prosecutors don’t have to file formal charges yet.
They can hold your family member on a complaint or affidavit while they decide whether to proceed.
How Long Can Prosecutors Wait to File Charges?
Arizona law requires prosecutors to file charges “without unnecessary delay” when someone is held in custody, but the exact timeline depends on whether the charges are misdemeanors or felonies.
For Misdemeanors
Arizona Rules of Criminal Procedure don’t specify an exact number of days for filing misdemeanor charges.
- Prosecutors must file formal charges within a reasonable time
- Defendants held in custody cannot be detained indefinitely without charges.
- If prosecutors don’t file charges within a reasonable time (which courts typically interpret as 7 to 10 days), a defense attorney can file a motion for release
Release doesn’t mean the case is over.
Under ARS § 13-107, prosecutors have one year from the date of the offense to file misdemeanor charges.
The defendant will receive a summons to appear in court, but they won’t remain in jail while the prosecutor decides.
For Felonies
For felony arrests, Arizona Rule of Criminal Procedure 8.2 requires the state to present the case to a grand jury or hold a preliminary hearing “without unnecessary delay.”
The rule doesn’t define specific timelines, but Maricopa County prosecutors typically:
- Present cases to a grand jury within 10 to 20 days for in-custody defendants
- Take longer for complex cases involving multiple defendants or extensive investigations
If prosecutors delay without justification, a criminal defense attorney can file a motion arguing that the delay violates the defendant’s due process rights and request immediate release or dismissal.
What Is a Grand Jury Indictment?
In Arizona, prosecutors have two ways to formally charge someone with a felony:
- Present the case to a grand jury and obtain an indictment
- Hold a preliminary hearing where a judge determines if there’s probable cause
Most prosecutors in Maricopa County use the grand jury process because it’s faster and doesn’t require the defendant or their attorney to be present.
A grand jury is a group of citizens who review evidence presented by the prosecutor.
If they find probable cause, they issue an indictment (formal felony charges).
The grand jury process typically happens within 10 to 15 days of arrest for someone in custody.
What Happens If Charges Aren’t Filed in Time?
If prosecutors don’t file charges within a reasonable time frame, your family member can be released from custody. But this doesn’t mean they’re off the hook.
Arizona’s statute of limitations still applies under ARS § 13-107:
- 1 year for misdemeanors
- 7 years for most felonies
- No time limit for serious offenses like murder or certain sex crimes involving minors
Prosecutors can file charges later, and the defendant will receive a summons to appear in court. They just won’t be held in jail while the state builds its case.
What Is a “Pre-File” or “Under Investigation” Case?
Sometimes, your family member might be arrested and then quickly released without charges being filed. The case is marked as “under investigation” or “pre-file.”
This means prosecutors are still deciding whether to file charges.
They might be waiting on evidence, interviewing witnesses, or determining whether the case is strong enough to prosecute.
During this time, the defendant is not technically charged with a crime. But they should not assume the case has disappeared.
Prosecutors can still file charges weeks or months later.
Can Someone Be Held Without Bail?
In certain cases, yes. Under ARS § 13-3961, Arizona judges can deny bail when the proof is evident, or the presumption is great that the defendant committed:
- An offense for which the maximum sentence is life imprisonment or death
- Sexual assault under ARS § 13-1406
- Sexual conduct with a minor who is under fifteen years of age under ARS § 13-1405
- A felony offense while already released on another felony offense
Judges can also deny bail for dangerous crimes against children and certain other serious felonies when specific statutory criteria are met.
Even in these cases, prosecutors still have to file formal charges without unnecessary delay. They just don’t have to set bail.
What Should You Do If Your Family Member Is in Jail Without Charges?
If your loved one has been sitting in Maricopa County Jail for more than a few days without formal charges, take action:
- Find out what charges they’re being held on. Look them up through the Maricopa County Sheriff’s Office Inmate Information.
- Check if they’ve had an initial appearance. If not, contact the court to find out when it’s scheduled.
- Hire a criminal defense attorney immediately. An attorney can file motions to compel the state to file charges or release your family member.
- Document everything. Keep records of when they were arrested, when they appeared before a judge, and how long they’ve been held.
If prosecutors miss reasonable deadlines, your family member should not remain in custody.
How a Criminal Defense Attorney Can Help
A criminal defense attorney can:
- File a motion to dismiss if prosecutors delay unreasonably
- Attend the initial appearance and argue for a lower bail
- Contact prosecutors before charges are filed and present evidence in your family member’s favor
- Negotiate plea deals that avoid formal felony charges
The earlier you hire an attorney, the more options they have to protect your family member’s rights.
Don’t Let Them Sit in Jail Longer Than the Law Allows
Prosecutors must file charges without unnecessary delay. If they’re holding your family member without moving forward, they might be violating Arizona law. A criminal defense attorney can hold them accountable and get your loved one released.
At Matthew Lopez Law, we’ve fought for clients sitting in Maricopa County Jail waiting for charges that should have been filed days ago. We know the rules, we know the deadlines, and we’re not afraid to challenge the state when they overstep.
If your family member is in jail without formal charges, call us right now. We offer free consultations, and we’ll tell you exactly what should be happening and what we can do to fix it.
Author Bio
Matthew L. Lopez
Matthew L. Lopez is the Managing Attorney and founder of Matthew Lopez Law, a criminal defense and DUI firm serving clients throughout Arizona. His track record of case dismissals and charge reductions has earned him honors, including a National Trial Lawyers Top 40 Under 40 nomination, a “Superb” 10/10 Avvo rating, and a Rising Star designation by Super Lawyers.
Matthew is a member of the National College for DUI Defense and holds active memberships with the Arizona Association for Criminal Justice and the Arizona Association for Justice. His firm handles criminal defense, DUI, drug charges, and traffic offenses, offering free consultations and affordable payment plans to make quality defense accessible to all Arizonans.
