13-3903

13-3903. Notice to appear and
complaint

A. In any case in which a person is arrested for a misdemeanor offense or a petty
offense, the arresting officer may release the arrested person from custody in lieu of
taking the person to a law enforcement facility by use of the procedure prescribed in
this section.

B. At any time after taking a person arrested for a misdemeanor offense or a petty
offense to a law enforcement facility, the arresting officer, instead of taking the
person to a magistrate, may release the person from further custody by use of the
procedure prescribed in this section.

C. If a person is arrested for a misdemeanor offense or a petty offense and the
offense is listed in section 41-1750, subsection C, the person shall not be released
pursuant to this section until the person provides a right index fingerprint to the
arresting agency. The arresting agency shall provide to the arrested person a mandatory
fingerprint compliance form that includes instructions on reporting for ten-print
fingerprinting, including available times and locations for reporting for ten-print
fingerprinting.

D. In any case in which a person is arrested for a misdemeanor offense or a petty
offense, the arresting officer may prepare in quadruplicate a written notice to appear
and complaint, containing the name and address of the person, the offense charged, and
the time and place where and when the person shall appear in court, provided:

1. The time specified in the notice to appear is at least five days after arrest.

2. The place specified in the notice shall be the court specified in section
13-3898.

3. The arrested person, in order to secure release as provided in this section,
shall give his written promise so to appear in court by signing at least one copy of the
written notice and complaint prepared by the arresting officer. The officer shall deliver
a copy of the notice and complaint to the person promising to appear. Thereupon, the
officer shall forthwith release the person arrested from custody.

4. The officer, as soon as practical, shall deliver the original notice and
complaint to the magistrate specified therein. Thereupon, the magistrate shall promptly
file the notice and complaint and enter it into the docket of the court.

E. The Arizona traffic ticket and complaint may be utilized not only for the
purposes provided by Arizona supreme court rule, but to satisfy the requirements of this
section.

F. When a person has given his written promise to appear in court upon a designated
date pursuant to this section, and thereafter fails to appear, personally or by counsel,
on or before that date, the court clerk or other court staff shall file a complaint, in
writing, under oath, setting forth the offense of knowingly violating a written promise
to appear in court in accordance with section 13-3904, and the magistrate shall issue a
warrant of arrest thereon. Upon such person's appearance in court for arraignment on the
charge of violating section 13-3904, the court shall also arraign the person on the
charge stated in the notice to appear and complaint for which the person had previously
promised to appear.

G. This section does not affect a peace officer's authority to conduct an otherwise
lawful search incident to his arrest even though the arrested person is released before
being taken to the police station or before a magistrate pursuant to this section.