Rule 4.1. Procedure upon Arrest

(a) Prompt Appearance Before a Magistrate An arrested person must be promptly taken before a magistrate for an initial appearance. At the initial appearance, the magistrate will advise the arrested person of those matters set forth in Rule 4.2. If the initial appearance does not occur within 24 hours after arrest, the arrested person must be immediately released from custody. If a misdemeanor warrant states the amount of a deposit, cash, unsecured, or secured appearance bond as provided in Rule 3.2(a)(3), and the arrested person has posted the bond prior to the initial appearance, the arrested person must be promptly released from custody.

(b) On Arrest Without a Warrant or an Arrest With a Warrant Issued Under A R.S. § 13-3897(A).

(1) Where a Person Must Be Taken A person arrested without a warrant or arrested with a warrant issued under A.R.S. § 13-3897(A) must be taken before the nearest or most accessible magistrate either in the county of arrest or in the county where the offense was committed.

(2) Complaint A complaint, if not already filed, must be promptly prepared and filed. If a complaint is not filed within 48 hours after the initial appearance before the magistrate, the arrested person must be immediately released from custody and any pending preliminary hearing dates must be vacated.

(3) Warrant and Affidavit for Persons Arrested on a Warrant Issued Under A R.S. § 13 3897(A).If a person is arrested on a warrant issued under A.R.S. § 13-3897(A), the arresting officer must submit to the court a copy of the warrant, if available, when filing Rule 41, Form 4(a). If a copy of the warrant is not available, the arresting officer must indicate on Form 4(a) that the person was arrested pursuant to a warrant issued under A.R.S. § 13-3897(A). A court may require the affidavit, if available, be submitted to the court when filing Rule 41, Form 4(a).

(c) On Arrest with a Warrant Other Than a Warrant Issued Under A R.S. § 13-3897(A).

(1) Arrest in the County of Offense A person arrested in the county where the offense was committed must be taken to the nearest or most accessible magistrate in the county of arrest, except that if the person is not eligible for release on bond under Rule 7.2(b)(1) or (2), the person must be taken before the issuing magistrate. If the issuing magistrate is unavailable or unable to act, the person must be taken to the nearest or most accessible magistrate in the county where the warrant originated.

(d) Assurance of Availability of Magistrate and the Setting of a Time for Initial Appearance Each presiding judge must make a magistrate available every day of the week to hold the initial appearances required underRule 4.1(a). The presiding judge also must set at least one fixed time each day for conducting initial appearances, and notify local law enforcement agencies of the fixed time(s).

(e) Sample for DNA Testing; Proof of Compliance If the arresting authority is required to secure a sample of buccal cells or other bodily substances for DNA testing under A.R.S. § 13-610(K), it must provide proof of compliance to the court before the initial appearance.

(v) Victims' Rights Upon request, the victim must be informed of the date, time, and place for the defendant's initial appearance in accordance with A.R.S. § 13-4406. The victim upon request must be notified of the defendant's release from custody at or after the initial appearance.