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Initial Appearance and Release Conditions Following a DUI Arrest

Initial Appearance in Tempe City Court

Following a Tempe DUI arrest, you will be taken into police custody. The “Initial Appearance” is a brief hearing usually held within 24 hours of your detention. It is brief hearing and the first time you will appear before the court regarding the matter. The court will inform you of the charges against you. The presiding judge then sets your release conditions, if it is determined that you are eligible.

Release Conditions – What the Judge Considers

Release conditions are set by the presiding judge for the purpose of assuring you will return for your next court date. Here are some of the factors the judge will consider when setting Release Conditions:

  • Nature of your charges;
  • Felony vs. Misdemeanor;
  • Your residency;
  • Your Family, Community, and employment ties;
  • Your Financial resources;
  • Whether or not there was a victim involved;
  • Whether or not you are a “flight risk”;
  • Safety community, victim, or witnesses if you are released;
  • Other factors that surrounding your matter.

Location and Phone for Tempe Criminal Court

City of Tempe Municipal Court

140 East 5th Street

Tempe AZ 85281

  Phone: (480) 350-8271

Types of Release Conditions

In Arizona, there are four common types of Release Conditions:

  1. Own recognizance (OR): Release without conditions, to return for your next court appearance;
  2. Release on Bond:  Posting bail which is a specified dollar amount ordered by the judge. Obtaining the resources to pay may be arranged through a Bond Company or Bondsman if needed.
  3. Release to a Third Party: Releases you to another person who is responsible for assuring you appear for your next court date.
  4. Release to Pre-trial Services (PTS): Pre-trial Services are organizations or persons that help the court make recommendations for release conditions. This is done through use of screening and educational tools to assure defendant does not pose a threat to society or victims. They ascertain that the defendant will appear for their next court date.

Initial Court Appearance in Tempe, AZ

If you feel your release conditions are too harsh, or unjust, you can consult a criminal defense attorney who will help you get the release conditions modified so that they are possible to attain, and not so burdensome. In any event, you should consider retaining qualified legal representation to defend your charges.