How Long Can You Be Held in Jail Without Being Convicted?

November 13, 2025 | Trevor R. Hill

When someone gets arrested in Arizona, one of the very first questions on their mind is: “How long can you be held in jail without being convicted of anything?” It is an important and very real concern if you or a family member is facing an uncertain future while waiting for the legal process to play out.

The short answer is that Arizona law provides safeguards to prevent someone from being held indefinitely. However, the actual amount of time you can be in custody depends on several moving parts: when charges are filed, what type of crime you are accused of, whether bail is set, and how quickly the court moves your case toward trial.

The Initial Arrest and First Appearance

When law enforcement makes an arrest, they cannot simply detain someone and leave them in custody without oversight. Arizona requires that a person who has been arrested must be brought before a judge for a court appearance, generally called an “initial appearance,” within 24 hours. At that appearance, the judge decides whether there is probable cause to continue holding the person.

If the court finds that probable cause exists, the process moves forward. If not, the person must be released.

Holding Time Without Charges

One of the biggest concerns after an arrest is the holding time without charges actually being filed. In Arizona, a prosecutor has strict deadlines to officially charge someone after an arrest. For most felony cases, the prosecutor must file charges within 48 hours if the defendant is still in custody. If charges are not filed in that window, the person must be released.

For misdemeanor cases, prosecutors may have a bit more time, but the same principle applies: the state cannot simply keep someone in jail while dragging its feet. The rules against detention without conviction exist to force prosecutors to move forward or let people go.

The Arraignment and Filing of Charges

Once charges are filed, the next major step is the arraignment. At the arraignment, the court formally advises the defendant of the charges, and the defendant enters a plea (usually “not guilty”) at this early stage.

This is also when questions of bail become central. The judge will decide whether to release the defendant on their own recognizance, set bail, or deny release altogether in rare cases. The decision often hinges on whether the person is considered a flight risk or a danger to the community.

Bail and Pre-Trial Release

For many people, the bail hearing is the most critical point in their case because it determines whether they can return home while waiting for trial. Bail is essentially money or collateral posted to guarantee that the defendant will return to court for future dates. In Arizona, judges look at several factors when deciding bail:

The seriousness of the crime
The defendant’s ties to the community
Past failures to appear in court
The safety of the alleged victim or community

If bail is set too high and the defendant cannot afford to pay, that person may remain in custody until trial. In some cases, a lawyer can argue for lower bail, a release on recognizance, or even conditions like GPS monitoring instead of cash bail.

Rights During Pre-Trial Detention

Being held in jail before trial is stressful, but it is important to understand that those days in custody do not erase your rights. Arizona law makes it clear that people awaiting trial are still protected by the Constitution and state rules. These protections exist to ensure that the system does not simply warehouse individuals without oversight or accountability.

Some of the most important rights during pre-trial detention include:

The right to counsel – Every defendant has the right to an attorney. If a person cannot afford one, the court must appoint a lawyer to represent them.
The right to a speedy trial – Courts must move cases forward within the time limits set by law, preventing indefinite delays.
The right to challenge unlawful detention – Through habeas corpus detention petitions, a defendant can force the state to show why continued custody is justified.
The right to humane treatment – Even while detained, individuals are entitled to basic safety, medical care, and access to family contact.

A skilled criminal defense attorney plays a vital role in enforcing these rights. By holding the court and prosecutor accountable, they help ensure that deadlines are met, evidence is properly reviewed, and the defendant is not left in legal limbo.

The Speedy Trial Requirement

Arizona law gives clear deadlines to protect people from sitting in jail for long stretches without resolution. The right to a speedy trial is a constitutional guarantee, and state rules put specific numbers on how quickly a case must move. If a defendant is in custody, the state must bring the case to trial within 150 days of arraignment. If the defendant is out of custody, the deadline extends up to 180 days.

These rules are meant to balance the interests of justice with the rights of the accused. Courts recognize that waiting too long for a trial can damage a person’s life in countless ways, from job loss to family strain. At the same time, prosecutors and law enforcement are given a fair opportunity to prepare their case.

There are limited exceptions when the speedy trial clock can pause:

If the defendant or their lawyer requests additional time to prepare.
If key witnesses are unavailable for legitimate reasons.
If the court determines that unusual circumstances make trial impossible by the deadline.

Even with exceptions, the right to a speedy trial remains one of the strongest safeguards against indefinite detention in Arizona.

What If the Court Date Gets Delayed?

Delays happen. Witnesses get sick, evidence needs to be reviewed, or the prosecutor asks for more time. But that does not give the court unlimited power to hold someone. If the trial date keeps getting pushed back without good cause, a lawyer can step in and demand enforcement of the speedy trial requirement.

The court may dismiss charges if delays violate the rules. That means the defendant could be released without conviction if the state fails to bring its case in time.

Pre-Trial Detention and Bail Challenges

Being in custody while waiting for trial is one of the hardest positions for any defendant. A person can lose a job, strain family relationships, and feel isolated from the outside world. That is why bail challenges are so important.

An experienced defense lawyer can file motions to review bail, argue that sufficient evidence does not exist to justify continued detention, or even show that time served in custody already outweighs the potential sentence. These strategies can sometimes convince the court to release the person before trial.

The Role of Habeas Corpus

If a person believes they are being held unlawfully (for example, beyond deadlines or without sufficient evidence), they can challenge the detention through habeas corpus detention proceedings. Habeas corpus is a powerful legal remedy that forces the state to justify continued custody.

It is not always quick or easy, but it exists to prevent indefinite detention and to hold the state accountable.

Family Member Concerns and Support

For loved ones, watching a family member sit in jail without a clear timeline can be agonizing. Families want to know how soon they can help post bail, whether they can attend a bail hearing, and what steps to take if the prosecutor fails to file charges.

The best step a family member can take is to contact a proven criminal defense attorney immediately. A lawyer can review the file, calculate the deadlines, and push for release as quickly as possible.

Indefinitely Held in Jail? Not in Arizona

While it sometimes feels like a defendant is stuck in custody indefinitely, the law does not allow that in Arizona. Strict timelines for filing charges, requirements for court appearances, and the right to a speedy trial prevent endless detention.

That said, without strong legal representation, those rules can sometimes get bent. Courts may grant delays, prosecutors may argue for extensions, and defendants can find themselves waiting longer than expected. Having an attorney who knows how to challenge these issues is essential.

Time Served and Sentencing Concerns

Another question that generally comes up is whether time served before trial counts toward a sentence if the defendant is later convicted. In Arizona, the answer is yes. Time spent in jail before conviction generally gets credited toward the sentence.

For example, if a person is sentenced to one year in prison but already spent six months in pre-trial detention, the court will usually count that six months as time served, leaving only six months left.

Misdemeanors Versus Felonies

The type of charge also plays a role in how long someone may be detained. Misdemeanor cases typically move faster through the system, while felony charges can involve longer investigations, more court dates, and extended waiting periods before trial.

Even so, the same rules about speedy trial deadlines and arraignment still apply. The state must file charges promptly, and the court must set the case for trial within the required time limits.

When the Court Decides to Detain Without Bail

In rare cases, particularly for very serious felonies, the court may decide not to set bail at all even when you are ready to pay bail. This usually happens if the court finds that the defendant poses a severe flight risk or that releasing them would create an immediate danger to the community.

These cases are exceptions, not the rule. Most defendants are entitled to some form of release, even if it requires posting bail.

How Our Arizona Criminal Defense Attorney Will Defend You If You Have Been Held Without Conviction

Being held in jail without a conviction can feel overwhelming, unfair, and even frightening. At The Law Office of Trevor Hill, we know exactly what is at stake when your freedom is limited before a court has even decided whether you are guilty of anything.

Reviewing the Legality of Your Detention

Our dedicated Tucson criminal defense lawyer, Trevor Hill, will carefully review every detail of your case to see if law enforcement or prosecutors have overstepped their bounds.

Probable cause check – He examines whether there was sufficient probable cause to justify your arrest in the first place.
Filing deadlines – He looks at whether the prosecutor filed charges within the strict deadlines required by law.
Constitutional protections – He evaluates whether your Fourth, Fifth, or Sixth Amendment rights were violated.

If the state fails to follow the rules or acts beyond its jurisdiction, Trevor will not hesitate to file motions to dismiss the case or demand your immediate release.

Challenging Excessive Bail or Denial of Release

Bail is one of the most critical issues in pre-trial detention. If the bail amount is too high to pay, or if a judge refuses to grant bail at all, you could be stuck in jail for months before trial. Attorney Trevor Hill knows how to challenge these bail decisions effectively by:

Arguing for lower bail – He presents evidence of your ties to the community, steady employment, or family responsibilities to show that you are not a flight risk.
Requesting release on recognizance – In some cases, he can convince the court to release you without requiring cash bail, based on your reliability.
Pushing back on unfair restrictions – If the court sets conditions that are unreasonable, Trevor can argue for more practical solutions, such as electronic monitoring or supervised release.

Our goal is always to give you the chance to fight your case from outside of jail, where you can continue working, supporting your family, and preparing your defense.

Enforcing the Right to a Speedy Trial

One of the strongest protections against being stuck in jail indefinitely is the right to a speedy trial. But that right means little if no one enforces it.

Arizona criminal defense lawyer Trevor Hill makes sure the clock does not get ignored by:

Tracking deadlines – He keeps a close eye on the 150-day timeline for in-custody defendants and files motions if the state drags its feet.
Challenging unnecessary delays – If the prosecutor or court requests more time without good cause, attorney Hill steps in to oppose it.
Using violations to your advantage – If deadlines are missed, he can ask the court to dismiss the charges outright.

This proactive approach prevents clients from being left in legal limbo while their lives fall apart behind bars.

Investigating Weaknesses in the Case

Even before a trial date is set, Trevor Hill gets to work investigating the state’s case against you. Pre-trial detention does not mean sitting back and waiting; it means taking action by:

Reviewing police reports – He digs into whether law enforcement cut corners, violated procedure, or exaggerated facts.
Scrutinizing evidence – From forensic testing to digital records, he examines whether the evidence is reliable and lawfully obtained.
Interviewing witnesses – He talks to witnesses early to uncover inconsistencies or false statements that may weaken the prosecution’s account.

By exposing weaknesses in the case, attorney Trevor and his legal team build leverage for better plea negotiations or a stronger defense at trial.

Filing Motions for Release

When detention goes too far, a strong defense attorney has tools to push for release. Trevor Hill knows how to use the following legal remedies strategically:

Habeas corpus petitions – If the detention is unlawful, he can file a petition forcing the court to explain why you are still in custody.
Motions to dismiss – If deadlines are violated or evidence is insufficient, he can argue for the case to be thrown out altogether.
Requests for bail review – If your circumstances change (for example, new evidence comes to light), Trevor can ask the judge to reconsider bail and allow release.

These motions hold the prosecution accountable and keep the pressure on the court to follow the law.

Protecting Immigration Status

For non-citizens, being held without conviction creates additional risks. A criminal case can lead to immigration consequences even before a conviction.

Trevor Hill has unique experience in this area, having worked in the “Crimmigration” group at the Pima County Public Defender’s Office. He understands the intersection of criminal and immigration law and works to protect both your freedom and your immigration status by:

Advising on immigration risks – He explains how different charges or pleas may affect your status.
Coordinating defenses – He takes steps to minimize the risk of deportation while fighting the criminal case.
Providing bilingual support – As a fluent Spanish speaker, Trevor ensures clients and families fully understand their rights.

Supporting Families During Detention

When a family member is in jail, loved ones may feel powerless. Trevor Hill makes sure families stay informed and involved.

Regular communication – Our team updates families on the status of the case, upcoming court dates, and what to expect.
Guidance on bail – We help families understand how to post bail, whether through cash bail, bonds, or other options.
Emotional support – We recognize the stress detention places on families and provide reassurance by explaining the process step by step.

Families are not left in the dark when they have representation from the Law Office of Trevor Hill.

Preparing for Trial While in Custody

If release is not possible, attorney Trevor Hill still makes sure that being held in custody does not weaken your defense. He visits clients in jail, reviews evidence with them, and prepares trial strategies together.

Access to discovery – He ensures you can review evidence even from behind bars.
Building testimony – He helps you prepare to testify, if appropriate, and ensures your side of the story is heard.
Coordinating experts – From forensic specialists to investigators, he brings in the right resources to strengthen your case.

The fact that you are detained does not mean you lose the ability to mount a powerful defense.

Fighting for Dismissal or Acquittal

Ultimately, the goal is not just release, but also to beat the charges. Trevor Hill is a trial lawyer who has secured not guilty verdicts and dismissals in cases ranging from domestic violence to serious felonies.

He approaches every case with the mindset that freedom is worth fighting for, whether through negotiation or before a jury.

Negotiating fair pleas – When appropriate, Trevor can negotiate plea deals that minimize penalties and allow clients to move on.
Pursuing acquittals – When the evidence is weak or the law is on your side, he is prepared to take cases to trial and fight for a not guilty verdict.
Demanding accountability – He holds police, prosecutors, and the court to the highest standards, ensuring that justice is not sacrificed for convenience.

Get an Experienced Arizona Criminal Defense Lawyer on Your Side

Being held in jail without conviction is one of the most difficult experiences anyone can face. But you do not have to deal with it alone. Attorney Trevor Hill brings experience, dedication, and compassion to every case, fighting relentlessly for your rights and freedom.

If you or a loved one is being held without conviction in Arizona, reach out to the Law Office of Trevor Hill today. We are ready to start defending your freedom immediately. To schedule your free consultation, call us 24/7 at 520-231-2814 or contact us online.