Legal Question in Criminal Law in Arizona

If a person is arrested in a criminal non-violent case and is released with no paperwork and has not presented themselves to a judge, and drug evidence was taken from defendant, does this violate the 72 hour rule?


Asked on 12/26/11, 4:15 pm

2 Answers from Attorneys
Marc Victor Marc J. Victor P.C.

In Arizona, the state generally has seven years to bring charges on a felony and one to bring charges on a misdemeanor. It is not uncommon in a drug case for a person to be released then charged long after the drugs were seized. The state will often want to obtain a lab report prior to making a charging decision. You should keep a current address on file so a warrant does not issue for your arrest in the event you are charged and you do not receive a summons. There may be some things you can do now to improve your situation. You should immediately consult an attorney.

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Answered on 12/26/11, 4:42 pm
Kaitlin Verdura Verdura Law Group PLLC

The simple answer is no. The state may file charges at anytime as long as those charges fall within the statute of limitations. It may be worth your while to hire an attorney who can follow up with the state and attempt to monitor the progress of any possible charges so that a warrant is not issued for your arrest. I hope this helps. Best of luck to you!

Verdura Law Group PLLC

http://verduralaw.com

602-421-0515

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Answered on 12/26/11, 4:56 pm


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