What is a Speedy Trial?
In criminal law, the right to a speedy trial is a human right under which it is asserted that the government (prosecutor) may not delay the trial of a criminal suspect arbitrarily and indefinitely.  This does not refer to the pace or length of time a trial takes once it commences, but rather by when an accused person has a right for trial to begin.  Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial.  Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that governments implement structures that avoid the delay.


Which law in Arizona Governs the Speedy Trial?

The Sixth Amendment to the United States Constitution guarantees that people who are subject to a criminal prosecution have the right to a "speedy" trial before an impartial jury of their peers.  The right to a speedy trial is also included within Article II Section 24 of the Arizona State Constitution.

What is Article II Section 24 of the Arizona State Constitution?

Rights of accused in criminal prosecutions
Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.

Arizona Criminal Case Time Limits
Under Arizona Rules of Criminal Procedure, the time line can be broken down into four different types. If a trial is to commence, it must begin within the following time lines below:

Defendants in Custody: 150 days from arraignment
Defendants Released From Custody: 180 days from arraignment
Complex Cases: 270 days from arraignment
Capital Cases: 18 months from arraignment

Note that these time limits may be (and very typically are) waived and the deadlines are extended.  This is typically to allow for the defense to investigate and prepare its case.  If a delay does not benefit the defendant, time should not be waived, especially for an in custody defendant.

Federal Speedy Trial Rights

The above discussion of Arizona's speedy trial rights applies to cases prosecuted in state court in Arizona.  Arizona also is home to one of the most active United States District Courts in the country, which enforces Federal law in the state of Arizona.  With Tucson's proximity to the US-Mexico border, as well as Interstate 10 passing through, there is a large presence of Federal law enforcement. 

Federal cases are governed by Federal law, which is the same across the United States, and includes its own speedy trial provisions, pursuant to 18 U.S.C. 3161.  The Speedy Trial Act of 1974

It is now fairly well-known that the United States has the highest rate of incarceration in the world.  Our "Land of the Free" not only has the largest prison and jail population in the world (despite having only a quarter of the general population of China or India), but also locks its people up at the highest percentage of any country in the world.  This is alarming, tragic, and difficult to reconcile with our notions of liberty and justice for all.

Did you know, however, that Arizona's tough sentencing laws have made it the ninth-highest ranking state for incarceration rates?  While neighboring California, for example, is seeking to implement criminal justice reforms that will reduce the prison population, the same has not been nearly as prevalent in Arizona.  Though marijuana legalization in 2021 has narrowed the scope of crimes, harsh prison sentences are still handed down for the remaining crimes.  While prison populations across the nation have skyrocketed over the last 40 years, the trend is especially astounding in Arizona, where the prison population has grown by a multiple of 12 during that time!  This is three times higher than the national change of four times.

Maricopa County, where the state's largest city, Phoenix, is located commits the most Arizonans to prison, and for the longest time.  Rural areas of the state also send defendants to prison at a high rate, often for nonviolent offenses, preferring to lock people up in state prisons to improving local programs like probation and drug treatment.  In Arizona, 70% of those committed to prison are committed for a nonviolent crime.  8 of the top 10 most common offenses for which people are sent to prison in Arizona are nonviolent.  This includes a large, growing number of people sentenced to prison for drug possession (more on Arizona's drug crimes).

There is no doubt that drug use is a problem in Arizona.  Methamphetamine in particular has swept through the Southwest, destroying lives in its wake.  Fentanyl and other opiates also form a nationwide crisis of overdose deaths.  Still, Arizona (and America as a whole) can look to the failures of the past and present War on Drugs to realize that incarceration is not the solution.  As other states and countries have moved to more treatment-based solutions to drug use, Arizona has been steadfast in sending people to prison. 

Tucson's proximity to the US-Mexico border, as well as its Interstate route, has made the city a hub of narcotics activity.  State, local, and federal law enforcement agencies are active in the region, and Arizona and Federal law both yield harsh sentences in court.  If you or a loved one has been arrested or charged with a crime in Pima County Superior Court or in the United States District Court for the District of Arizona, you can expect harsh prosecution of suspected crimes.  Having a dedicated, experienced, passionate defense attorney on your side is a must when charged with a crime in Arizona.  Contact the Tucson Defenders today for a FREE CONSULTATION with a criminal defense attorney.  520-585-5757.

BOND/ BAIL MODIFICATION FOR ARIZONA CRIMINAL CASES
What is a Bail Bond?
A bail Bond is simply a financial guarantee (promise) made to the Court,
guaranteeing the appearance of the defendant to each and every one of his
hearings. If the defendant fails to appear, the cash value of the bond would be
paid to the Court. Suffice to say, A bail bond is a payment made by a bail
bondsman on the defendant’s behalf in exchange for a defendant’s release from
jail until their trial.
The Arizona Constitution provides that all persons charged with crimes shall be bailable unless the accused is charged with a crime that falls within an exception and the proof is evident or the presumption great that he committed
that crime. Ariz. Const. art. 2, § 22(A).
What is a Bond Modification?
A Bond Hearing is one of the first events to occur after an arrest. There are two main combined factors that the Judge will consider at the hearing-
• Risk Of Flight -It is when the Judge determines the likelihood of the accused appearing for any court date. The duration of your residency in a community is an important factor of this decision.
• Threat to the Community -Which is usually tied directly to the charge against the accused which can be summed up as the more serious the offense, typically the higher the Bond. Prior criminal history of the accused is also evaluated.
What is the purpose of Bond/Bail Modification?
The very purpose of it is to release the defendant upon conditions as to make sure that you the defendant not run away from the law or present a threat to others in the community and to make sure that defendant will appear in court

for trial or other hearings.
Moreover, it also talks about the conditions to be imposed upon such release of defendant that, release conditions should be proportionate to the criminal charge.
What is the A.R.S. section 13-3972 ?
Under A.R.S. section 13-3972, you are not supposed to be subject to more restraint than what is necessary to answer the charge, moreover the conditions are not supposed to be used as a pre-trial punishment.
A bail bond represents your promise to appear in court when you are required to do so. You buy the bail bond by paying a non-refundable premium, which is

usually about 10% of the amount of the bond. Exception to the General Rule
Under Arizona Revised Statutes section 3-3961, you are not admitted to bail if the presumption is great that you are guilty of certain crimes, such as Sexual Assault, capital offenses, sexual conduct with a minor who was under 15, molestation of a child who was under 15, or a serious felony offense if

there is probable cause to suggest that you came into or stayed in the United States illegally. However, each case is unique, and you should retain a lawyer both to request a modification if you need it and to defend against the charges.