Posted on May 28, 2025 in Criminal Defense

How Long Can You Be Held in Jail Before a Conviction?

Arizona law allows defendants charged with crimes to be held in county jail before their guilt or innocence is decided. This time is called pre-trial detention. Unless you are released on bail or your own recognizance, you can be held while your case moves through the courts.

General Pretrial Release in Arizona

In most cases, you have the right to pretrial release, meaning you can go home until your case is resolved. This may require posting bail, obeying court orders, or agreeing to certain restrictions. You cannot be held in jail without a hearing where a judge decides if release is appropriate.

Exceptions to Pretrial Release in Arizona

While most people arrested in Arizona are eligible for release before their trial, there are important exceptions where a judge can keep someone in jail until their case is completed. Here are the main circumstances:

• Violent felonies or dangerous crimes: If someone is accused of a violent felony, such as murder, sexual assault, or offenses involving serious injury or the use of a weapon, the court has the authority to deny bail.
• Flight risk: When there’s reason to believe a person will not return to court if let out, judges may decide not to let that person out before trial. Factors can include not having ties to the community, a history of fleeing, or possible access to large amounts of cash or means to escape.
• Repeat offenders or new crimes: Defendants who are arrested while already out on bail for another charge, or those with a pattern of criminal behavior, are generally considered at higher risk for re-offending or not following court rules.
• Threats to witnesses or victims: If there’s credible evidence that a released individual could intimidate, harass, or endanger witnesses or victims, judges sometimes deny pre-trial release to protect those involved in the case.
• Can’t afford bail: Sometimes, a judge will set a bail amount that a person simply can’t afford. In these situations, even if you qualify for release, you may have to stay in jail until your court date or until you can come up with enough money for bail or hire a bail bondsman. The court is supposed to consider your ability to pay, but many people remain in jail because they don’t have the resources to post bail right away.

It’s crucial to seek legal assistance to explore your options and understand the specific circumstances that may affect your release.

How Long Can a Person Be Held Without a Trial or Conviction?

Rule 8 of the Arizona Rules of Criminal Procedure creates specific deadlines to ensure a criminal trial happens without excessive delays. These rules are important for defendants, especially those waiting in jail.

General time limits are as follows:

• Standard time limit: If a defendant is held in custody, the trial must begin within 150 days after their arraignment. This applies to most cases, unless the court agrees that an exception applies for good cause.
• Complex cases: The rule gives additional time for complex cases, extending the deadline up to 270 days after arraignment. Complex cases can include first-degree murder charges, cases that rely on evidence from wiretaps or other intercepted communications, and any case the judge declares complex, based on detailed written findings.
• Death penalty cases: When the prosecution plans to seek the death penalty, there’s an even longer window – the trial must start within 24 months after the arraignment.

Meeting these time limits helps ensure fairness for the accused and keeps the court process moving.

Exceptions To Rule 8 Timelines

While there are time limits for cases to move to trial, courts may suspend those limits if “extraordinary circumstances” come up. Extraordinary circumstances can include:

• Trial calendar congestion: If courts are unusually backed up with cases and it’s beyond their normal workload, additional time can be granted.
• Remand for probable cause: If a case is sent back to reassess probable cause, that legal review can pause or extend the usual timeline for a trial to begin.
• Time extensions for disclosure: If one side needs more time to properly exchange evidence or important documents, the court can allow an extension to keep the proceedings fair.

While there are clearly rules intended to prevent defendants from sitting in custody for a long time waiting for a trial to occur, the reality is that these time limits are often extended.

Contact the Criminal Defense Lawyers at Orent Law Offices, PLC In Phoenix To Get Legal Assistance Today

For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.