Tempe, AZ asked in Criminal Law for Arizona

Q: In Arizona, how long can someone be incarcerated in county jail without formally being charged with a set of charges ?

My fiance' was out on pretrial services as well as on probation and was arrested for alleged crimes for which he has not yet been charged officially. The prior charges he was out on pretrial for, yes, and there WAS a probation revocation hearing set but has not been had yet. It seems as though the cases have been "combined" (im assuming to run concurrent?) but as of now, hes been in county for about 2months and court dates keep being continued, and he was never arraigned or charged whatever the word is, for the set of "crimes" he was arrested for. How long can he be held??

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1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Within 24 hours of arrest, he was supposed to see a judge to determine release conditions. From what you are saying this sounds like a probation hold. The probation officer has a lot of descretion and even if there not a new charge if the PO has a reason to believe probation has been violated, your fiance can be held on probation and then file a petition to revoke probation. On such cases, there is a right to a probation hearing where a judge has to believe by a preponderance of evidence that probation has been violated.

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