reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3888 - Method of arrest by officer without warrant

13-3888.
Method of arrest by officer without warrant
When making an arrest without a warrant,  the officer shall inform the person to be arrested of his authority and the cause of the arrest,  unless the person to be arrested is then engaged in the commission of an offense,  or is pursued immediately after its commission or after an escape,  or flees or forcibly resists before the officer has opportunity so to inform him,  or when the giving of such information will imperil the arrest.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3889 - Method of arrest by private person

13-3889.
Method of arrest by private person
A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and the cause of the arrest,  unless he is then engaged in the commission of an offense,  or is pursued immediately after its commission or after an escape,  or flees or forcibly resists before the person making the arrest has opportunity so to inform him,  or when the giving of such information will imperil the arrest.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3890 - Fingerprinting at time of arrest; order for fingerprints; retention

13-3890.
Fingerprinting at time of arrest;  order for fingerprints;  retention
A. A person who is arrested for an offense listed in section 41-1750,  subsection C shall be fingerprinted in legible form by the arresting authority or the custodial agency.
B. The court shall order an arrested person to appear at a designated time and place for fingerprinting on petition of the arresting authority or custodial agency stating that the person refused to provide fingerprints in a legible form.
C. Fingerprints received pursuant to this section shall be retained indefinitely.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3891 - Right of officer to break into building

13-3891.
Right of officer to break into building
An officer,  in order to make an arrest either by virtue of a warrant,  or when authorized to make such arrest for a felony without a warrant,  as provided in section 13-3883,  may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be,  if the officer is refused admittance after he has announced his authority and purpose.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3892 - Right of private person to break into building

13-3892.
Right of private person to break into building
A private person,  in order to make an arrest where a felony was committed in his presence,  as authorized in section 13-3884,  may break open a door or window of any building in which the person to be arrested is or is reasonably believed to be,  if he is refused admittance after he has announced his purpose.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3893 - Right to break door or window to effect release

13-3893.
Right to break door or window to effect release
When an officer or private person has entered a building in accordance with the provisions of section 13-3891 or 13-3892,  he may break open a door or window of the building,  if detained therein,  when necessary for the purpose of liberating himself.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3894 - Right to break into building in order to effect release of person making arrest detained therein

13-3894.
Right to break into building in order to effect release of person making arrest detained therein
A peace officer or a private person may break open a door or window of any building when necessary for the purpose of liberating a person who entered the building in accordance with the provisions of section 13-3891 or 13-3892 and is detained therein.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3896 - Arrest after escape or rescue; method of recapture

13-3896.
Arrest after escape or rescue;  method of recapture
A. If a person lawfully arrested escapes or is rescued,  the person from whose custody he escaped or was rescued may immediately pursue and retake him without a warrant at any time and in any place within the state.
B. To retake the person escaping or rescued the person from whose custody he escaped who is lawfully pursuing may use the same means as are authorized for an arrest.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3897 - Duty of officer after arresting with warrant

13-3897.
Duty of officer after arresting with warrant
When the arrest by virtue of a warrant occurs in the county where the alleged offense was committed and where the warrant was issued,  the officer making the arrest shall without unnecessary delay take the person arrested before the magistrate who issued the warrant or,  if that magistrate is absent or unable to act,  before the nearest or most accessible magistrate in the same county.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3898 - Arrest without warrant; magistrate; complaint

13-3898.
Arrest without warrant;  magistrate;  complaint
A. A person who is arrested without a warrant shall without unnecessary delay be taken before the nearest or most accessible magistrate in the county in which the arrest occurs or,  if the offense that the person is being arrested for was committed in another county,  before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed,  and a complaint shall be made before the magistrate setting forth the facts,  and the basis for his statement of the facts,  showing the offense for which the person was arrested.
B. Subsection A of this section does not apply if the person making the arrest is a peace officer and decides to proceed under the provisions of section 13-3903.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3899 - Complaint need not be verified

13-3899.
Complaint need not be verified
A. Complaints stating misdemeanor charges laid before a magistrate under the provisions of section 13-3898,  or filed with the magistrate under the provisions of section 13-3903 need not be sworn to if they contain a form of certification by the arresting officer in substance as follows: " I hereby certify that I have reasonable grounds to believe and do believe that the person cited herein committed the offense described herein contrary to law."
B. A false certification under the provisions of subsection A of this section shall constitute perjury.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3900 - Duty of private person after making arrest

13-3900.
Duty of private person after making arrest
A private person who has made an arrest shall without unnecessary delay take the person arrested before the nearest or most accessible magistrate in the county in which the arrest was made or deliver the person arrested to a peace officer,  who shall without unnecessary delay take the person arrested before either the nearest or most accessible magistrate in the county in which the arrest occurs or,  if the offense that the person is being arrested for was committed in another county,  before either the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county where the offense was committed. The private person or peace officer who takes the person arrested before the magistrate shall make before the magistrate a complaint,  which shall set forth the facts showing the offense for which the person was arrested. If the peace officer cannot make the complaint,  the private person who delivered the person arrested to the peace officer shall accompany the peace officer before the magistrate and shall make to the magistrate the complaint against the person arrested.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3906 - Processing arrestees; citizenship determination; notice

13-3906.
Processing arrestees;  citizenship determination;  notice
A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration,  the law enforcement agency shall inquire of the person and determine that person's country of citizenship. If the person is not a United States citizen,  the law enforcement agency shall:
1. Notify the person's country of citizenship of the person's detention if the person does not waive notification or if the person's country of citizenship requires notification regardless of the person's waiver of notification.
2. Document the notification to the person's country of citizenship and any waiver of notification.
3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-3961,  subsection A,  paragraph 5 or section 13-3967,  subsection B,  paragraph 14 or for any other lawful purpose.
B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:
1. Affect the admissibility of any statements,  the voluntariness of a guilty plea or the validity of a conviction.
2. Afford a defendant any rights in any proceeding related to deportation,  exclusion or denial of naturalization.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3907 - Arrest with existing warrant; detention officer; definition

13-3907.
Arrest with existing warrant;  detention officer;  definition
A. A detention officer who is acting in the officer's official capacity pursuant to an existing warrant may arrest a person who is any of the following:
1. Already incarcerated in a jail facility or who surrenders to a jail facility at which the detention officer is employed.
2. At a hospital facility to which the detention officer is assigned,  and the person to be arrested is under law enforcement supervision or custody while in the hospital facility.
3. At a superior,  justice or municipal court facility to which the detention officer is assigned.
4. Within a jail facility as a visitor and the person is found to have an outstanding warrant.
B. A detention officer who is acting in the detention officer's official capacity may take custody of a person whom a judicial officer remands into custody during a court proceeding.
C. For the purposes of this section,  " detention officer"  means a person other than an elected official who is employed by a county,  city or town and who is responsible for the supervision,  protection,  care,  custody or control of inmates in a county or municipal correctional institution. Detention officer does not include counselors or secretarial,  clerical or professionally trained personnel.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3912 - Grounds for issuance

13-3912.
Grounds for issuance
A search warrant may be issued upon any of the following grounds:
1. When the property to be seized was stolen or embezzled.
2. When the property or things to be seized were used as a means of committing a public offense.
3. When the property or things to be seized are in the possession of a person having the intent to use them as a means of committing a public offense or in possession of another to whom he may have delivered it for the purpose of concealing it or preventing it being discovered.
4. When property or things to be seized consist of any item or constitute any evidence which tends to show that a particular public offense has been committed,  or tends to show that a particular person has committed the public offense.
5. When the property is to be searched and inspected by an appropriate official in the interest of the public health,  safety or welfare as part of an inspection program authorized by law.
6. When the person sought is the subject of an outstanding arrest warrant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3914 - Examination on oath; affidavits

13-3914.
Examination on oath;  affidavits
A. Before issuing a warrant,  the magistrate may examine on oath the person or persons seeking the warrant,  and any witnesses produced,  and must take his affidavit,  or their affidavits,  in writing and cause the affidavit to be subscribed by the party or parties making the affidavit. Before issuing the warrant,  the magistrate may also examine any other sworn affidavit submitted to the magistrate that sets forth facts tending to establish probable cause for the issuance of the warrant.
B. The affidavit or affidavits must set forth the facts tending to establish the grounds of the application,  or probable cause for believing the grounds exist. The person or persons seeking the warrant and the judicial officer issuing the warrant must have probable cause for believing the grounds exist.
C. In lieu of,  or in addition to,  a written affidavit,  or affidavits,  as provided in subsection A,  the magistrate may take an oral statement under oath which shall be recorded on tape,  wire or other comparable method. This statement may be given in person to the magistrate or by telephone,  radio or other means of electronic communication. This statement is deemed to be an affidavit for the purposes of issuance of a search warrant. If a recording of the sworn statement is made,  the statement shall be transcribed at the request of the court or either party,  certified by the magistrate and filed with the court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3915 - Issuance; form of warrant; duplicate original warrant; telefacsimile

13-3915.
Issuance;  form of warrant;  duplicate original warrant;  telefacsimile
A. If the magistrate is satisfied that probable cause for the issuance of the warrant exists,  the magistrate shall issue a search warrant commanding a search by any peace officer of the person or place specified,  for the items described.
B. On a reasonable showing that an announced entry to execute the warrant would endanger the safety of any person or would result in the destruction of any of the items described in the warrant,  the magistrate shall authorize an unannounced entry.
C. The warrant shall be in substantially the following form:
County of ___________________,  state of Arizona.
To any peace officer in the state of Arizona:
Proof by affidavit having been this day made before me by (naming every person whose affidavit has been taken) there is probable cause for believing that (stating the grounds of the application) according to section 13-3912,  you are therefore commanded in the daytime (or in the night,  as the case may be,  according to section 13-3917) to make a search of (naming persons,  buildings,  premises or vehicles,  describing each with reasonable particularity) for the following property,  persons or things: (describing such with reasonable particularity),  and if you find such or any part thereof,  to retain such in your custody subject to section 13-3920.
Given under my hand or direction and dated _____________ (judge,  justice of the peace or magistrate.)
D. The magistrate may orally authorize a peace officer to sign the magistrate's name on a search warrant if the peace officer applying for the warrant is not in the actual physical presence of the magistrate. This warrant shall be called a duplicate original search warrant and shall be deemed a search warrant for the purposes of this chapter. In such cases,  the magistrate shall cause to be made an original warrant and shall enter the exact time of issuance of the duplicate original warrant on the face of the original warrant. Upon the return of the duplicate original warrant,  the magistrate shall file the original warrant and the duplicate original warrant as provided in section 13-3923.
E. A magistrate may affix the magistrate's signature on a telefacsimile of an original warrant. The telefacsimile of the original warrant is deemed to be a search warrant for the purposes of this chapter. On return of the telefacsimile of the original warrant,  the magistrate shall file the original warrant and the telefacsimile of the original warrant as provided in section 13-3923.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3916 - Service of warrant; breaking and entering to execute

13-3916.
Service of warrant;  breaking and entering to execute
A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.
B. An officer may break into a building,  premises or vehicle or any part of a building,  premises or vehicle,  to execute the warrant when:
1. After notice of the officer s authority and purpose,  the officer receives no response within a reasonable time.
2. After notice of the officer s authority and purpose,  the officer is refused admittance.
3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.
4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer's authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.
C. A peace officer executing a search warrant may seize any property discovered in the course of the execution of the warrant if the officer has reasonable cause to believe that the item is subject to seizure under section 13-3912,  even if the property is not enumerated in the warrant.
D. A peace officer executing a search warrant may make or cause to be made photographs,  measurements,  impressions or scientific tests.
E. A peace officer executing a search warrant directing a search of any premises or a vehicle may search any person in the premises or vehicle if either of the following applies:
1. It is reasonably necessary to protect himself or others from the use of any weapon that may be concealed upon the person.
2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3917 - Time of service; exception

13-3917.
Time of service;  exception
Upon a showing of good cause therefor,  the magistrate may,  in his discretion insert a direction in the warrant that it may be served at any time of the day or night. In the absence of such a direction,  the warrant may be served only in the daytime. For the purposes of this section night is defined as the period from ten p.m. to six-thirty a.m.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3918 - Time of execution and return

13-3918.
Time of execution and return
A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed. Upon expiration of the five day period,  the warrant is void unless the time is extended by a magistrate. The time for execution of the warrant may be extended for no longer than five calendar days. The documents and records of the court relating to the search warrant need not be open to the public until the return of the warrant or the warrant is deemed void pursuant to this section unless a magistrate orders the time to be shortened or lengthened for good cause. Thereafter,  if the warrant has been executed,  the documents and records shall be open to the public as a judicial record.
B. If a duplicate original search warrant has been executed,  the peace officer who executed the warrant shall enter the exact time of its execution on its face.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3919 - Receipt for property; definitions

13-3919.
Receipt for property;  definitions
A. If an officer takes any property under the warrant,  the officer shall give a detailed itemized receipt for the property taken to the person from whom it was taken or in whose possession it was found. If it is not possible to provide the receipt to a person,  the officer shall leave the receipt at the place where the property was found.
B. The court may delay for a reasonable period the service of the detailed itemized receipt required by subsection A of this section if all of the following apply:
1. The court finds that there is reasonable cause to believe that the delay is necessary to protect the safety of any person or to prevent flight from prosecution,  tampering with evidence,  intimidation of witnesses or jeopardizing an investigation.
2. Unless the court finds reasonable necessity for the seizure,  the warrant prohibits the seizure of any tangible property,  any wire or electronic communication or,  except as expressly provided in section 13-3016,  any stored wire or electronic information.
3. The warrant provides for service of a detailed itemized receipt within a reasonable period after the execution of the warrant. Extensions for a reasonable period of time may be granted,  but only on an application and judicial finding.
C. For the purposes of this section:
1. " Electronic communication"  has the same meaning prescribed in section 13-3001.
2. " Wire communication"  has the same meaning prescribed in section 13-3001.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3920 - Retention of property

13-3920.
Retention of property
A. All property seized on a warrant shall be retained in the custody of the seizing officer or agency that the officer represents,  subject to the order of the court in which the warrant was issued,  or any other court in which the property is sought to be used as evidence.
B. Notwithstanding section 13-3922,  all property seized by a law enforcement agency in this state at any time must be returned to the owner,  if known,  within ten business days after the property's seizure unless any of the following applies:
1. The owner has been arrested and charged with a criminal offense subject to forfeiture.
2. The property is sought to be used as evidence.
3. It is illegal for the owner to possess the property.
4. The property was seized for forfeiture,  in which case the property may be returned as prescribed by chapter 39 of this title.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3921 - Return of warrant and inventory; copy of inventory

13-3921.
Return of warrant and inventory;  copy of inventory
A. The officer shall return the warrant to the magistrate and at the same time deliver to the magistrate a written inventory of the property taken. The inventory shall be made publicly,  or in the presence of the person from whose possession it was taken,  and of the applicant for the warrant,  if they are present. The inventory shall be verified by the affidavit of the officer which shall be taken by the magistrate at the time it is delivered to the magistrate. The affidavit shall recite that the inventory contains a true and detailed account of all the property taken.
B. The magistrate shall deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3922 - Controverting grounds of issuance; procedure; restoration of property

13-3922.
Controverting grounds of issuance;  procedure;  restoration of property
A. If an owner of seized property controverts the grounds on which the warrant was issued,  the magistrate shall proceed to take testimony relative thereto unless a proceeding pursuant to chapter 39 of this title is or has been initiated relating to the same property interest. The testimony given by each witness shall be reduced to writing and certified by the magistrate. If it appears that the property taken is not the same as that described in the warrant and is not within section 13-3916,  subsection C,  D or E or section 13-3925,  subsection C,  or that probable cause does not exist for believing the items are subject to seizure,  the magistrate shall cause the property to be restored to the person from whom it was taken if the property is not such that any interest in it is subject to forfeiture or its possession would constitute a criminal offense.
B. Any order under this section as to a property interest is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of that person in all actions pursuant to this title. Other orders are appealable,  if permitted by the Arizona rules of civil procedure.
C. No stay may issue on the forfeiture of seized property or its use in an action pursuant to this title while contravention of the warrant is being litigated.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3923 - Filing and transmittal of papers

13-3923.
Filing and transmittal of papers
The magistrate shall annex the affidavits,  the search warrant and return,  and the inventory,  and if he does not have jurisdiction to inquire into the offense in respect to which the warrant was issued,  he shall at once file the warrant,  and return the affidavits and inventory to the court having jurisdiction to inquire into the offense.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3925 - Unlawful search or seizure; admissibility of evidence; definitions

13-3925.
Unlawful search or seizure;  admissibility of evidence;  definitions
A. Any evidence that is seized pursuant to a search warrant shall not be suppressed as a result of a violation of this chapter except as required by the United States Constitution and the constitution of this state.
B. If a party in a criminal proceeding seeks to exclude evidence from the trier of fact because of the conduct of a peace officer in obtaining the evidence,  the proponent of the evidence may urge that the peace officer's conduct was taken in a reasonable,  good faith belief that the conduct was proper and that the evidence discovered should not be kept from the trier of fact if otherwise admissible.
C. The trial court shall not suppress evidence that is otherwise admissible in a criminal proceeding if the court determines that the evidence was seized by a peace officer as a result of a good faith mistake or technical violation.
D. This section does not limit the enforcement of any appropriate civil remedy or criminal penalty in actions pursuant to other provisions of law against any individual or government entity found to have conducted an unreasonable search or seizure.
E. This section does not apply to unlawful electronic eavesdropping or wiretapping.
F. For the purposes of this section:
1. " Good faith mistake"  means a reasonable judgmental error concerning the existence of facts that if true would be sufficient to constitute probable cause.
2. " Technical violation"  means a reasonable good faith reliance on:
(a) A statute that is subsequently ruled unconstitutional.
(b) A warrant that is later invalidated due to a good faith mistake.
(c) A controlling court precedent that is later overruled,  unless the court overruling the precedent orders the new precedent to be applied retroactively.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3931 - Search of accused by magistrate

13-3931.
Search of accused by magistrate
When a person charged with felony is believed by the magistrate before whom he is brought to have on his person a dangerous weapon,  or anything which may be used as evidence of the commission of the offense,  the magistrate may direct that the accused be searched in his presence,  and that the weapon or other thing be retained subject to his order,  or to the order of the court in which defendant may be tried.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3941 - Disposition and return of stolen or embezzled property

13-3941.
Disposition and return of stolen or embezzled property
A. When property alleged to have been stolen or embezzled comes into the custody of a peace officer or of a magistrate,  he shall hold it subject to the order of the magistrate before whom the complaint is laid or who examines the charge against the person accused of stealing or embezzling such property.
B. The person to whom the property is delivered shall enter in a suitable book a description of every article of property alleged to be stolen or embezzled and brought into the office,  or taken from the person of a prisoner,  and shall attach a number to each article and make a corresponding entry thereof.
C. The magistrate shall,  upon satisfactory proof of the ownership,  order the property to be delivered to the owner. The order entitles the owner to demand and receive the property unless the property,  or any part thereof,  is required as evidence in any criminal action. If it is so required,  it shall remain in possession of the officer or magistrate until the termination of the action.
D. If the property has not been delivered to the owner,  the court before which a trial is had for the theft or embezzlement of the property may,  on proof of title of the owner,  order it restored to him.
E. No charge or fee may be imposed upon the owner of property ordered to be returned to him pursuant to this section.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3942 - Delivery of unclaimed stolen or embezzled property to county sheriff

13-3942.
Delivery of unclaimed stolen or embezzled property to county sheriff
If property stolen or embezzled is not claimed by the owner within six months after the conviction of the person for such theft or embezzlement,  the magistrate or other officer having it in custody,  on payment of the necessary expenses incurred in its preservation,  shall deliver it to the county sheriff,  who shall sell such property in the same manner as personal property is sold under execution in a civil action pursuant to chapter 39 of this title,  and the proceeds shall be paid into the county treasury.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3951 - Order of commitment; duty of officer

13-3951.
Order of commitment;  duty of officer
If the magistrate orders the defendant committed upon the preliminary examination,  he shall prepare a commitment signed by him with his name of office,  and deliver it with the defendant to the officer to whom he is committed,  or,  if that officer is not present,  to a peace officer,  who shall deliver the defendant to the officer to whom he is committed,  together with the commitment.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3952 - Compensation of court reporter appearing at preliminary hearing; fees for transcribing notes

13-3952.
Compensation of court reporter appearing at preliminary hearing;  fees for transcribing notes
When a regularly appointed court reporter appears and takes testimony at a preliminary hearing in a criminal proceeding,  the reporter's compensation shall be fixed by the magistrate before whom the examination is had. Such compensation shall not exceed the amount of fifteen dollars per day for each preliminary hearing actually attended upon such examination,  and two dollars fifty cents per page for transcribing his notes,  to be allowed and paid as other county charges. The reporter,  when requested,  shall furnish at county expense to the county attorney or the attorney general a copy of the transcript of testimony of any proceedings held in the justice court when the state or an instrumentality thereof is ordered to provide such transcripts by a federal court in a habeas corpus proceeding in the federal courts or when ordered by the Arizona supreme court to provide such transcripts in a habeas corpus proceeding in state court.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3961.01 - Offenses not bailable; postconviction; exceptions

13-3961.01.
Offenses not bailable;  postconviction;  exceptions
A person shall not be continued at large on bail or be admitted to bail after conviction of a felony offense for which the person has received a sentence of imprisonment except when the superior court or a judge thereof is satisfied upon investigation that the person in custody is in such physical condition that continued confinement would endanger his life.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3962 - Admission to bail in certain non-bailable offenses

13-3962.
Admission to bail in certain non-bailable offenses
A person in custody for the commission of a non-bailable offense described in section 13-3961,  where the proof is not evident or the presumption not great that he is guilty of the offense,  shall before conviction be admitted to bail by a court having jurisdiction of the offense.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3963 - Arrest with warrant; admission to bail when arrest occurs in another county

13-3963.
Arrest with warrant;  admission to bail when arrest occurs in another county
A. When an arrest by virtue of a warrant occurs in a county other than that in which the alleged offense was committed,  the person arrested shall without unnecessary delay be taken either before the nearest or most accessible magistrate in the county in which the arrest occurs or a magistrate in the county in which the offense was committed.
B. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant includes a bond amount,  the officer making the arrest,  on being so requested by the person arrested,  shall take the person arrested before a magistrate or other official of the county in which the arrest occurs or the county in which the offense was committed having authority to admit the person arrested to bail,  who shall admit the person arrested to bail and order the person arrested to appear in the court that issued the warrant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3964 - Bail when warrant issued in other county

13-3964.
Bail when warrant issued in other county
A. If the person arrested is bailable as of right in respect of the offense set forth in the warrant and the warrant includes a bond amount,  the officer making the arrest,  on being so requested by the person arrested,  shall take the person arrested either:
1. Before a magistrate or other official,  having authority to admit to bail for such offense,  of the county in which the arrest is made,  who shall admit the person arrested to bail.
2. Before a magistrate or other official of the county in which the offense was committed who has the authority to admit to bail for the offense and who shall admit the person arrested to bail.
B. The magistrate or other official who admits the person arrested to bail shall order the person arrested to appear in the court that issued the warrant.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3965 - Procedure when bail not given

13-3965.
Procedure when bail not given
If the person arrested is not bailable as of right in respect of the offense set forth in the warrant,  or if,  on the admission to bail of the person arrested as provided in section 13-3963,  bail is not forthwith given,  the officer who made the arrest shall take the person arrested before the magistrate who issued the warrant or,  if he is absent or unable to act,  before the nearest or most accessible magistrate in the same county.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3968 - Violation of conditions of release; hearing

13-3968.
Violation of conditions of release;  hearing
A. Upon a verified application by the prosecuting attorney alleging that a defendant charged with a felony has wilfully violated the conditions of his release,  a judicial officer may issue a warrant directing that the defendant be arrested and taken forthwith before a superior court for hearing.
B. After a hearing and upon a finding that the defendant has wilfully violated the conditions of his release,  the court may impose different or additional conditions upon the defendant's release. Upon a finding of probable cause that the defendant committed a felony during the period of release,  the defendant's release may be revoked.
C. Nothing contained in this section shall be construed to authorize the release of a person not bailable as a matter of right.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3969 - Bail bond agent lists; prohibition; rotation; acceptance of bonds

13-3969.
Bail bond agent lists;  prohibition;  rotation;  acceptance of bonds
A. The sheriff or keeper of a county or city jail shall provide to a person charged with a bailable offense in his custody a list containing the names and telephone numbers of those persons authorized to post bail bonds in the county. Persons authorized to post bail bonds in the county may be listed under their own name or a trade name if the trade name is registered with the secretary of state. The list shall be updated monthly. Each month the clerk of the court shall transmit the list electronically to county and city jails and shall rotate the order of the names and telephone numbers on the list.
B. The sheriff or keeper of a county or city jail shall not recommend any bail bond agent,  private person or private company to a person charged with a bailable offense in the sheriff's or keeper's custody.
C. The sheriff or keeper of a county or city jail in the county or city in which criminal charges are filed or in which the person charged is jailed shall accept the bond from any person.
D. The sheriff or keeper of a county or city jail shall accept the secured appearance bond from an employee of a bail bond agent if the employee has proper bail agency identification.
E. If bail is authorized by the court,  the sheriff or keeper of a county or city jail shall directly accept secured appearance bonds,  money orders,  cashier's checks or cash for the release of persons in the custody of the sheriff or keeper. The sheriff or keeper of a county or city jail shall be open to accept secured appearance bonds,  money orders,  cashier's checks or cash twenty-four hours a day,  every day,  including holidays.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3973 - Failure to appear notification

13-3973.
Failure to appear notification
(L21,  Ch. 370,  sec. 1. Eff. 1/1/22)
If a defendant who is released on an appearance bond fails to appear for a required court appearance and the court declares the defendant failed to appear and issues a warrant for the defendant's arrest,  the court,  pursuant to the time limits established by the Arizona rules of criminal procedure,  shall provide notice of the defendant's failure to appear to the surety and the bail bond agent who is responsible for the defendant's appearance. If the surety or bail bond agent provided an email address at the undertaking of bail,  the notice shall be completed by email. If the surety or bail bond agent did not provide an email address,  the court shall provide notice at the physical address that is included in the undertaking of bail.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3974 - Exoneration of appearance bond; remission

13-3974.
Exoneration of appearance bond;  remission
A. A surety shall be relieved from liability on the appearance bond on which the defendant is released if one of the following applies:
1. The surety surrenders the defendant on that appearance bond into the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court and the sheriff reports the surrender to the court.
2. The defendant is in the custody of the sheriff of the county in which the prosecution is pending on or before the day and time the defendant is ordered to appear in court,  the surety provides an affidavit of surrender of the appearance bond to the sheriff and the sheriff reports the affidavit of surrender of the appearance bond and the defendant's custody to the court.
3. Before the defendant is released to the custody of the surety,  the defendant is released or transferred to the custody of another government agency,  preventing the defendant from appearing in court on the date and time the defendant is ordered to appear,  and the surety establishes both of the following:
(a) The surety did not know and could not have reasonably known of the release or transfer or that a release or transfer was likely to occur.
(b) The defendant's failure to appear was a direct result of the release or transfer.
B. If a surety is relieved of liability pursuant to subsection A,  paragraph 3 of this section,  the surety shall return the premium and any and all collateral to the guarantors of the bond and the clerk shall return any money deposited.
C. Subsection A,  paragraph 3 of this section does not apply if either:
1. A detainer was placed on the defendant before the bond was posted.
2. The release or transfer to another government agency is for a period of twenty-four hours or less.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3981 - Compromise of misdemeanors and petty offenses; domestic violence; effect of order of dismissal; exceptions and limitations

13-3981.
Compromise of misdemeanors and petty offenses;  domestic violence;  effect of order of dismissal;  exceptions and limitations
A. When a defendant is accused of a misdemeanor or petty offense for which the person injured by the act constituting the offense has a remedy by a civil action,  the offense may be compromised as provided in this section,  except:
1. When the offense is committed by or upon any officer of justice while in the execution of the duties of his office.
2. When the offense is committed riotously.
3. When the offense is committed with intent to commit a felony.
B. If a defendant is accused of an act involving assault,  threatening or intimidating or a misdemeanor offense of domestic violence as defined in section 13-3601,  the offense shall not be compromised except on recommendation of the prosecuting attorney.
C. If the party injured appears before the court in which the action is pending at any time before trial,  and acknowledges that he has received satisfaction for the injury,  the court may,  on payment of the costs incurred,  order the prosecution dismissed,  and the defendant discharged. The reasons for the order shall be set forth and entered of record on the minutes and the order shall be a bar to another prosecution for the same offense.
D. No public offense shall be compromised or the prosecution or punishment upon a compromise dismissed or stayed except as provided by law.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3984 - Procedure where proof shows higher offense; effect

13-3984.
Procedure where proof shows higher offense;  effect
A. If upon the trial of any action it appears to the court by the testimony that the facts proved constitute an offense of a higher nature than that charged,  the court may direct that the jury be discharged and all proceedings on the indictment or information suspended,  and may order the commitment of the defendant,  and if the offense is bailable,  direct in the order that the defendant may be admitted to bail in the amount fixed,  which shall be specified in the order,  to answer any indictment which may be returned,  or any information which may be filed against him following a preliminary hearing,  within thirty days after such suspension of proceedings by the court.
B. If the defendant is committed or admitted to bail in order to hold him for a higher offense,  as provided in subsection A,  it is not an acquittal of the offense in which proceedings were suspended,  and no plea of former jeopardy or former acquittal shall be sustained by reason thereof.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3986 - Title of affidavits or depositions

13-3986.
Title of affidavits or depositions
It is not necessary to give a title to an affidavit or deposition in a criminal action,  whether taken before or after indictment or information,  or upon appeal. If the affidavit or deposition is made without a title,  or with an erroneous title,  it shall be as valid and effectual for every purpose as if it were given a title,  if it intelligibly refers to the proceeding,  indictment,  information or appeal in which it is made.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3987 - Harmless error

13-3987.
Harmless error
Neither a departure from the form or mode prescribed in respect to any pleadings or proceedings,  nor an error or mistake therein,  shall render the pleading or proceeding invalid,  unless it actually has prejudiced,  or tended to prejudice,  the defendant in respect to a substantial right.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3988 - Admissibility of confessions

13-3988.
Admissibility of confessions
A. In any criminal prosecution brought by the state,  a confession shall be admissible in evidence if it is voluntarily given. Before such confession is received in evidence,  the trial judge shall,  out of the presence of the jury,  determine any issue as to voluntariness. If the trial judge determines that the confession was voluntarily made it shall be admitted in evidence and the trial judge shall permit the jury to hear relevant evidence on the issue of voluntariness and shall instruct the jury to give such weight to the confession as the jury feels it deserves under all the circumstances.
B. The trial judge in determining the issue of voluntariness shall take into consideration all the circumstances surrounding the giving of the confession,  including but not limited to the following:
1. The time elapsing between arrest and arraignment of the defendant making the confession,  if it was made after arrest and before arraignment.
2. Whether such defendant knew the nature of the offense with which he was charged or of which he was suspected at the time of making the confession.
3. Whether or not such defendant was advised or knew that he was not required to make any statement and that any such statement could be used against him.
4. Whether or not such defendant had been advised prior to questioning of his right to the assistance of counsel.
5. Whether or not such defendant was without the assistance of counsel when questioned and when giving such confession. The presence or absence of any of the factors indicated in paragraphs 1 through 5 of this subsection which are taken into consideration by the judge need not be conclusive on the issue of voluntariness of the confession.
C. Nothing contained in this section shall bar the admission in evidence of any confession made or given voluntarily by any person to any other person without interrogation by anyone,  or at any time at which the person who made or gave such confession was not under arrest or other detention. As used in this section,  the term " confession"  means any confession of guilt of any criminal offense or any self-incriminating statement made or given orally or in writing.
2023 Arizona Revised Statutes › Title 13 - Criminal Code › § 13-3989.01 - Admissibility; 911 emergency service records and recordings; definition

13-3989.01.
Admissibility;  911 emergency service records and recordings;  definition
A. The records and recordings of 911 emergency service telephone calls are admissible in evidence in any action without testimony from a custodian of records if the records and recordings are accompanied by the following signed form:
The accompanying records and recordings and explanatory material are from the (name of agency) public safety answering point communications facility. This form authenticates (number) pages. This form authenticates (number) tapes. These documents and tapes pertain to: case number _____________,  department report number _________________,  call receipt date and time ______________,  caller name _______________________,  call origination location address _______________________,  originating telephone number _____________________,  dispatch time _____________________,  arrival time_____________________.
Signed: ________________________ Custodian of records.
B. 911 emergency records and recordings and any copies of the records and recordings that comply with subsection A of this section are deemed to be authenticated pursuant to rule 901(b)(10) of the Arizona rules of evidence.
C. Nothing in this section affects the confidentiality of medical records as provided in section 12-2292.
D. For the purposes of this section,  " records and recordings"  includes telephone calls,  data compilation from and copies of 911 emergency records and recordings and accompanying explanatory materials.