Domestic Violence

questions & answers

Question: Was arrested Friday at 2100 hours for aggressive assault D.V. in Arizona, I live in another state. Had my pre-hearing, the victim did not show up. Was told about the infraction and what can happen and given a bond. The judge stated that after 48 hours, if the there was no filing the case would be drop. The sheet from the court states the 48 hours on the bottom of the sheet. Can the state uphold what is on the sheet from the judge's court order. And if 48 hours has gone by, is the case dropped?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. If charges are not formally charged within 48 hours, a person being held would be released. However, the prosecutor's office has up to seven (7) years to file felony charges against an alleged perpetrator. The case may have been "dropped" but that does not mean it cannot be refiled. Also, the victim does not need to appear at the Arraignment, which is the first court appearance you made before the judge, when the bond was discussed.  A person in this situation may wish to watch their mail closely for a Summons and Complaint, and to also contact the court periodically to see if any charges have been filed. If Summons and Complaint is mailed and the summoned party does not appear for the scheduled court date, a warrant may be issued for that person’s arrest. Even if the Summons and Complaint is delivered to the wrong address, that person can also have a bench warrant issued. This is why one should periodically contact the court to see if anything has been filed and if there are any court dates.

QUESTIONS

  • Was arrested Friday at 2100 hours for aggressive assault D.V. in Arizona, I live in another state. Had my pre-hearing, the victim did not show up. Was told about the infraction and what can happen and given a bond. The judge stated that after 48 hours, if the there was no filing the case would be drop. The sheet from the court states the 48 hours on the bottom of the sheet. Can the state uphold what is on the sheet from the judge's court order. And if 48 hours has gone by, is the case dropped?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
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