You’ve almost certainly seen on TV or in a movie that someone is arrested and immediately gets one phone call—and one phone call only. It’s a familiar scene, but it is not an accurate statement of the law. In Arizona, your rights after being detained or arrested are a little more nuanced than what is often portrayed on television.
Knowing what the law actually says can help you better understand your rights if you are ever detained or taken into custody by law enforcement in Pima County or throughout Arizona.
You Are Not Necessarily Entitled to a Phone Call
Neither federal law nor Arizona law guarantees that you will receive an immediate phone call after an arrest. The popular “one phone call” rule simply does not exist.
Instead, Arizona Rule of Criminal Procedure 6.1 provides that a person taken into custody must be given a reasonable opportunity to consult privately with an attorney, or an attorney’s agent, as soon as feasible. Exactly when that opportunity arises depends on the circumstances surrounding the detention, jail procedures, and other practical considerations.
You Do Have the Right to Speak With Legal Counsel
While there is no automatic right to a phone call, you do have an important right to counsel under both the United States Constitution and Arizona law.
If you request an attorney during custodial questioning, law enforcement officers generally must stop questioning until your attorney is present, or you may resume the conversation voluntarily. If officers continue questioning after a valid request for counsel, the admissibility of any resulting evidence or statements made could become an issue later in court.
What Is the Difference Between Being Detained and Arrested?
Being “detained” means law enforcement temporarily stops you because officers reasonably suspect you may be involved in criminal activity. During a detention, officers may ask questions or conduct a brief investigation, but you may not have been formally arrested.
An arrest is different. It generally occurs when law enforcement takes you into custody based on probable cause that you committed a crime. You may be handcuffed, read your Miranda Rights, transported to a police station or jail, and formally booked into the criminal justice system.
Detention vs. Arrest: Does This Change the Rules?
Many people wonder whether their rights change depending on whether they are detained or arrested.
In Arizona, the right to consult with an attorney often depends more on whether you are considered to be in custody than on whether an arrest has formally occurred. Under Arizona Rule of Criminal Procedure 6.1, individuals who have been taken into custody have the right to consult privately with legal counsel as soon as feasible.
What Is Considered Custody?
In Arizona criminal cases, custody includes more than simply being under formal arrest. A person is generally considered to be in custody when law enforcement has significantly restricted their freedom of movement.
Examples include:
- Formal arrest: If you are handcuffed, read your Miranda Rights, transported to a police station, jail, or holding facility, you are generally considered to be in custody.
- Physical restraint: Being handcuffed in the back of a patrol vehicle or otherwise physically restrained may also qualify as custody.
- Not free to leave: Even without handcuffs, you may still be in custody if officers restrict your movement to the point that a reasonable person would not believe they are free to leave. This could include situations where officers block your path, surround you, or otherwise prevent you from leaving.
Whether someone was actually in custody depends on the specific facts of each encounter.
Why Does It Matter Whether You Are in Custody?
Whether you are considered to be in custody can affect when certain constitutional protections apply, including the right to consult with an attorney during the criminal process.
Understanding the difference between a brief detention and custodial questioning can also help explain why television portrayals often oversimplify what actually happens after an arrest.
Call the Tucson Criminal Defense Attorneys at Katsarelis Law Criminal Defense Attorneys for a Free Case Review Today
If you have been arrested or have questions about your rights after a police encounter, speaking with an experienced criminal defense attorney can help you better understand your legal options.
Katsarelis Law Criminal Defense Attorneys represents individuals throughout Tucson and Southern Arizona who are facing criminal charges. Our attorneys have 45 years of combined experience, which includes helping clients navigate the criminal justice system and protecting their rights at every stage of a case.
For more information, contact the Tucson criminal defense lawyers at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439
