If you are in need of information regarding Arrests, Complaints, and Indictments, the following information can be of value…
Booking: The process of being “Booked” involves being taken to a jail facility for fingerprinting, photography, and official documentation. Typically, individuals are held until their release, which can be achieved through one of four methods. Three of these methods necessitate appearing before a judge (“Own Recognizance Release,” “Third Party Release,” “Pretrial Services Release” – definitions provided below). The fourth method, known as “Bond,” entails the determination of the bond amount either by the arresting officer based on a “Bonding Schedule” or by a judge during a court appearance.
Cite in lieu of detention (CLD): This occurs when an officer issues a “Ticket” for an alleged offense and requests your signature, acknowledging the commitment to appear in court on a specific date. Subsequently, you are released, either by arranging transportation, involving a third party, or by your own means. The designated date on the ticket is referred to as the “Initial Appearance.”
Arrest: Legally, an arrest occurs when an officer takes an individual into custody, which may involve restricting their movement, prohibiting them from leaving a particular location. Officers have the authority to briefly detain individuals for “investigatory detentions,” such as issuing a ticket. However, for the purposes of this definition, an arrest is deemed to transpire when an individual is physically restrained with handcuffs and transported to another location, such as a police station, police van, or jail, where they are held pending a judicial review.
Complaint: A “Complaint” or “Long Form Complaint” is a document prepared by the prosecutor that presents a written statement outlining the alleged facts constituting an offense. This sworn statement is then submitted to a judge or magistrate. Once the judge approves the complaint, a “Summons” is issued. The summons may be served personally or sent through certified mail. If you have changed your address, the summons will not be forwarded, and a “Warrant” will be issued for your arrest. Eventually, you might be apprehended by officers at your new address or, more commonly, during a routine traffic stop several years later. At that point, an “Arrest” will have transpired, initiating the process of either posting a bond or appearing before a judge. Long Form Complaints are typically utilized for less serious felonies (e.g., class 4, 5, or 6 felonies).
Indictment: An “Indictment” can only be issued subsequent to a “Grand Jury” proceeding. A Grand Jury comprises individuals summoned to serve as grand jurors for several days a week over a period of two to three months. They review approximately 30 different cases daily, presented by a prosecutor, and then determine whether to issue a “True Bill.” Once the True Bill is signed, it signifies the existence of probable cause, leading to the issuance of an indictment. The indictment can be served personally or through certified mail. If you have changed your address, the summons will not be forwarded, resulting in the issuance of a warrant for your arrest. Eventually, you may be apprehended by officers at your new address or, more likely, during a routine traffic stop several years later. At that stage, an “Arrest” will have transpired, commencing the process of either posting a bond or appearing before a judge. Indictments are typically reserved for serious felonies (e.g., class 1, 2, or 3 felonies).
For expert legal assistance with your case, reach out to Ted Agnick, an esteemed Criminal Attorney in Arizona. Our firm has experience in a wide range of criminal matters, including DUI/DWI