Understanding Your Right to a Speedy Trial in Arizona

Arizona law gives every defendant the right to a speedy trial, meaning your case must move forward within a defined period or the charges may be dismissed. But this right is often misunderstood, and in some cases, quietly violated.

Under the Arizona Rules of Criminal Procedure, Rule 8, strict timelines govern how long the state has to bring your case to trial. But those deadlines don’t enforce themselves. If your attorney doesn’t track them and challenge improper delays, you could lose the opportunity to have charges dismissed based on a violation.

How Arizona Defines a Speedy Trial

The speedy trial deadline varies based on the type of charge and whether you're waiting in or out of custody:

• Felony – In Custody: Trial must begin within 150 days of arraignment
• Felony – Out of Custody: Trial must begin within 180 days
• Misdemeanor – In Custody: 30 days
• Misdemeanor – Out of Custody: 90 days

These clocks can be paused and certain days will be excluded if the defense asks for a continuance or if the court approves a delay for a valid reason. But when the state is responsible for the delay, those days still count toward the Rule 8 limit.

When Delays Are Justified and When They’re Not

Some delays are unavoidable. Under Rule 8 guidelines, courts can exclude time for:

• Defense-requested continuances
• Pretrial motions or hearings
• Mental health evaluations
• Discovery-related delays that the defense agrees to
• Designation of a case as legally “complex”

But not all delays, or prosecutor requests, are valid.

Potential Rule 8 Violation Scenarios in Maricopa County

Prosecutor Delays Disclosure

The state delays handing over key evidence, like body cam footage or lab results. If the defense has to ask for a continuance just to review late material, that delay shouldn't count against the defendant. If it does, and the trial is pushed past the deadline, it may constitute a Rule 8 violation.

No Available Trial Dates

Sometimes the judge’s calendar is so full that no trial slots are available before the deadline. This isn’t the defendant’s fault, and unless the defense agrees to the delay, the court must still comply with Rule 8 or risk dismissal.

Prosecutor Asks for Continuance Without Valid Cause

A prosecutor may ask to delay trial because a witness is unavailable or the arresting officer is on vacation. If the delay isn’t supported by proper documentation or isn't truly necessary, it may be challengeable under Rule 8.

Complex Case Misuse

Occasionally, the state will label a case “complex” to buy more time, even when the facts are straightforward. That designation adds extra time to the trial deadline, but a defense attorney can push back if the label is unjustified.

In-Custody Defendant Left Waiting

If you're being held in jail and the state doesn’t bring you to trial within 150 days, without valid exclusions, it's a clear Rule 8 violation. Your defense attorney may be able to push for the charges to be dismissed.

What Happens If Your Speedy Trial Rights Are Violated?

If the time limits under Rule 8 are exceeded without valid exclusions:

• Your attorney can file a motion to dismiss the case
• The court may dismiss with prejudice (case can’t be refiled) or without prejudice (prosecution can start over)

Judges have discretion, but they must follow the law if a valid Rule 8 violation is documented and challenged properly.

However, Rule 8 violations are not enforced automatically or rigidly. The outcome of a challenge can vary depending on the cause, duration, custody status, and procedural response. For example, in-custody defendants are typically afforded stricter protections than out-of-custody defendants, and major overages of weeks or months are more likely to justify dismissal than minor overages of days.

Strong defense strategy means knowing when and how to act on Rule 8 violations.

Why You Need a Criminal Defense Attorney Watching the Clock

Trial delays in Maricopa County can occur due to high caseloads, administrative scheduling issues, or prosecutorial inefficiency, and judges often grant continuances unless the defense objects.

Rule 8 violations are more likely to go unchallenged when the defense attorney is overloaded, which is more common in public defense. These missed opportunities aren’t always attributable to a lack of effort or skill on the part of a public defender. It’s often due to their heavy caseload and thin resources.

An experienced private practice criminal defense attorney can:

• Track Rule 8 deadlines from day one
• Object to unjustified delays or improper continuances
• Push for dismissal when time limits are violated
• Use delay pressure to negotiate a more favorable plea

If you're being held in custody, or your trial date keeps getting pushed with no explanation, these issues matter even more. Letting deadlines slip without objection can take dismissal off the table.

Is Your Case Being Improperly Delayed in Maricopa County?

If you believe your case is moving too slowly, or if you're unsure whether your speedy trial rights are being protected, contact Michael Alarid III today. As a Board-Certified Criminal Law Specialist, he knows how to leverage improper delays and hold the state to its legal burden.

Call (602) 818-3110 for a free case evaluation or contact us online.