Arrested in Tempe? What Happens Next

Which agency made the arrest shapes almost everything that follows. Inside city limits it is most often Tempe Police, whose Records Section is downtown at 120 E. Fifth Street. On university property, ASU Police hold original jurisdiction. On the freeways that cross the city, the arresting officer may be a state trooper, and in some areas a Sheriff's deputy. The agency named on the paperwork points to the prosecutor and the court.

Where the person is held. The Tempe Police department directory lists a Detention Facility, with its own number, 480-350-8569. Someone booked into the county jail on a felony is processed through the county system, and the Sheriff's Office says people released from county custody leave from the Intake, Transfer and Release facility (ITR), 2670 S. 28th Dr., Phoenix. Family members looking for someone in county custody can use the Inmate Information link on the Sheriff's Office website.

The 24-hour rule. Arizona Rule of Criminal Procedure 4.1 allows no more than 24 hours between the arrest and the first appearance in front of a judge; if it does not happen in time, the person must be released. For a felony booking into the county jail, that first hearing takes place at ITR, which the Superior Court lists as open around the clock. The judge reviews the allegations, explains the right to a lawyer, and decides on release.

What the judge decides. A.R.S. 13-3967 gives the judge two release methods for a charge that is bailable as of right: a promise to return (own recognizance) or bail, with the judge fixing the amount. The judge can add conditions, such as no contact with a named person, staying away from a location, or limits on travel, alcohol or weapons. Those terms apply the moment the person walks out, and breaking one can lead to a warrant.

Arrest is not the same as a charge. Police make arrests. Prosecutors decide what, if anything, to charge. On a Tempe misdemeanor, that is the Criminal Division of the Tempe City Attorney's Office. On a felony, it is usually the Maricopa County Attorney's Office, and in certain cases the Arizona Attorney General's Office, often where conduct crossed county lines, a state agency investigated, or the County Attorney referred the matter; we handle these matters whichever office brought the charge. The County Attorney's own process guide lists the choices after a felony report: send it back for more investigation, decline it, refer it elsewhere, or charge by direct complaint or indictment. A prosecutor can also charge weeks or months after a release, within the time limits the law allows.

The right to a lawyer. On a felony, counsel attaches, and a person who cannot afford a lawyer will have one appointed. Tempe Municipal Court's own guidance on city cases is more conditional: in certain types of cases a court-appointed attorney may be available, a person may apply if they cannot afford one, and the court may order a contribution toward the cost. Hiring your own lawyer is possible at any stage, including before charges are brought.

Avoiding jail is not the same as avoiding a conviction. A quick plea to get out of custody or to close a case fast can leave a conviction that shows up on background checks, licensing reviews and firearm purchases, and that can create immigration trouble for anyone who is not a U.S. citizen. Talk to a lawyer before entering any plea.

Read the release order closely. A.R.S. 13-3967(F) requires a written order listing the conditions; the person is also told what a violation costs and that any violation can bring an immediate warrant. If a condition cannot work in real life, for example a no-contact term that bars someone from the family home, a lawyer can ask the court to review it; the statute gives a defendant the right to apply for that review. Until a judge changes it, follow it exactly. That includes no contact with a protected person, directly or through anyone else.