Bail Questions • Warrants and Jail Time • Arizona
How Long Can You Be Held in Jail Before Trial in Arizona?
Someone who cannot post bond in Arizona stays in jail until the case resolves, subject to speedy trial time limits.
Quick answer
Someone who cannot post bond in Arizona stays in jail until the case resolves, subject to speedy trial time limits. Rule 8 generally requires trial within 150 days of arraignment for a felony defendant in custody and 180 days out of custody, with excludable time that extends both. Posting bond is how most people avoid waiting inside.
The speedy trial clock under Rule 8
Arizona Rule of Criminal Procedure 8 sets the outer limits. For a felony defendant held in custody, trial must generally begin within 150 days of arraignment. For a defendant out of custody, the limit is generally 180 days. Those numbers are the starting point, not a promise. Time is excluded from the count for things like defense continuances, competency evaluations, and delays the defendant requests, so the real calendar runs longer.
A person who cannot post bond sits through all of it. Arraignment in Superior Court comes a week or two after the initial appearance, then pretrial conferences, then a trial setting that is frequently continued. Five months in custody on a case that ends in a dismissal or a plea to probation is not unusual. The Maricopa County Superior Court page explains the stages.
Why cases often run longer than the clock suggests
Excludable time is the main reason. When a defense attorney asks for more time to review evidence, that time does not count. When the court orders a mental health evaluation, that time does not count. Serious felonies with lab evidence, multiple defendants or many witnesses routinely take a year or more. A defendant can also waive time limits, and many do, because a rushed trial is rarely a good trial.
Meanwhile the jail conditions are the same whether the person is eventually convicted or not. Time in custody also makes it harder to help the defense, keep a job, and keep housing. All of this is why the release decision at the initial appearance, and the bond that follows it, matter more than almost any other step. A defense attorney can ask the assigned judge to lower a bond at or after arraignment under Rule 7.4.
Posting bond instead of waiting
A secured bond is the court's offer: post it and wait for trial at home. Most families cannot pay the full amount in cash, which is where a surety bail bond comes in. The premium is typically 10% of the bond, set by rates filed with the state, and it is not refundable. A $15,000 bond costs about $1,500. Qualified cosigners can use payment plans on the premium, with a down payment and installments; the total does not change.
Once posted, the bond stays in force until the case ends, however long that takes, and the court exonerates it. The person must attend every hearing and follow every condition. Release at the 4th Avenue Jail typically takes two to eight hours after posting; Durango complex releases can take longer. The sooner the bond is posted, the fewer days are spent inside.
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Related Questions
What is the longest you can be held before trial?
There is no single number. Rule 8 sets 150 days from arraignment for an in-custody felony defendant, but excludable time and waivers routinely stretch serious cases to a year or more. The practical limit for most people is how long it takes to post bond.
Can you get out of jail while waiting for trial?
Yes, if the judge set bail. Most defendants are released on own recognizance, to pretrial services, or on a bond. If a secured bond was set, posting cash or a surety bond releases the person until the case ends. No-bond holds require a defense attorney's motion.
Does time in jail before trial count toward a sentence?
Generally, yes. Arizona courts credit presentence incarceration toward a sentence of jail or prison. That credit does not help someone whose case ends in dismissal, acquittal or probation, which is a reason many families choose to post bond rather than wait.
Can bail be lowered while someone is waiting in jail?
Yes. A defense attorney can ask the assigned judge to modify release conditions, and bonds are frequently lowered at or after arraignment when the attorney presents employment, residence and family information. If the bond is lowered, the premium on a new surety bond is based on the lower amount.
How fast can a bond get someone out before trial?
Usually the same day the bond is posted. Paperwork is signed electronically, the agent posts at the 4th Avenue Jail Bond and Fine Room, and release typically follows in two to eight hours. Weekend nights and Durango complex releases take longer. Call One Stop Bail Bonds any hour and an agent will walk you through it.