Rule 8 in Arizona
Your Right to a Speedy Trial and
How It Protects You
If you’ve been charged with a crime in Arizona, it can feel like your whole life is on hold. Maybe you’re wondering why your case keeps getting delayed or if the State can just drag things out indefinitely.
The good news? Arizona law gives you the right to a speedy trial, and it’s a right that can’t be ignored. This right is built into the Arizona Rules of Criminal Procedure, specifically Rule 8—and it’s a powerful safeguard for anyone facing criminal charges.
As a Tucson Criminal Defense Attorney who’s handled countless cases in Pima County, I’ve seen firsthand how important Rule 8 can be. In this post, I’ll break down what Rule 8 is, how it works, and how it protects you from endless delays in your criminal case.
What Is Rule 8?
At its core, Rule 8 of the Arizona Rules of Criminal Procedure is designed to protect your constitutional right to a speedy trial. This isn’t just some technicality—it’s your shield against being stuck in legal limbo while the State drags its feet.
Rule 8 sets strict deadlines for how long the State has to bring your case to trial. These deadlines are different depending on whether you’re in custody, out of custody, or charged with a misdemeanor.
Here’s a quick breakdown:
If you’re in custody (being held in jail), the State must bring you to trial within 150 days of your initial court appearance.
If you’re out of custody (released on bond or your own recognizance), the State has 180 days to bring you to trial.
These timelines are designed to keep the process moving. If the State doesn’t meet these deadlines, your defense attorney can ask the court to dismiss the case.
When Does the Clock Start?
Rule 8 doesn’t leave much room for confusion about when the clock starts ticking. The speedy trial timeline begins when one of these things happens:
You’re formally charged (whether by indictment, information, or complaint).
You’re arrested and brought before a judge for the first time on the charges.
From that point on, the State is on the clock.
But there’s one catch—certain things can pause or "toll" the Rule 8 clock. This means the time doesn’t count toward the speedy trial deadline. We’ll get into that in a minute.
What Happens If the State Misses the Deadline?
If the State doesn’t bring your case to trial within the Rule 8 timeframe, your defense attorney can file a motion to dismiss. If the judge agrees that the State violated your right to a speedy trial, the case can be dismissed with prejudice—meaning it can’t be refiled.
That’s the power of Rule 8. It’s not just about keeping the State honest—it can end your case entirely if they fail to meet their obligations.
When the Clock Pauses: Tolling Events
Of course, nothing in the legal system is ever that simple. Rule 8 allows the clock to pause (or toll) under certain circumstances. This is important because it means the days don’t always count straight through from start to finish.
Some common reasons the clock might pause include:
You (the defendant) ask for a continuance. If your attorney needs more time to prepare or file motions, that time doesn’t count against the State.
You’re unavailable. If you fail to appear in court or can’t be located, the clock stops.
Certain pretrial motions or appeals are pending. If there’s a legal issue that needs to be resolved before trial (like a motion to suppress evidence), the clock might pause.
But here’s the key: the State doesn’t get to pause the clock just because they’re not ready. If the prosecution needs more time, they have to ask the court for a continuance under Rule 8.5—and they need to prove there’s a good reason.
Rule 8.5: When the State Wants More Time
Under Rule 8.5, the State can ask for a continuance, but they face a high bar. The law says a trial can only be continued if:
Extraordinary circumstances exist, and
The delay is indispensable to the interests of justice.
That’s a mouthful, but here’s what it really means: the State doesn’t get a continuance just because they’re disorganized or behind schedule. They have to show that something truly out of the ordinary happened.
What Counts as Extraordinary?
Arizona courts have been clear about what doesn’t count as extraordinary circumstances:
The State failing to bring an in-custody defendant to court? Not extraordinary. That’s their job.
A prosecutor forgetting to notify the court of a conflict? Not extraordinary. That’s foreseeable.
A key witness having a scheduling conflict? Not extraordinary—unless the conflict couldn’t have been foreseen or avoided.
In State v. Heise, the court ruled that the prosecution’s failure to notify the court of a scheduling conflict wasn’t enough to justify a continuance. In State v. Vasko, the Arizona Supreme Court rejected the State’s motion to continue when a witness had a training conflict that could’ve been rescheduled.
The takeaway? Poor planning on the State’s part doesn’t equal an emergency on yours.
Why Does This Matter?
As a Pima County criminal lawyer, I know how stressful it can be to face criminal charges. Every delay feels like another weight on your shoulders. Rule 8 is here to make sure the system doesn’t just leave you hanging.
When prosecutors drag their feet—whether by failing to bring you to court, not getting their charges squared away, or simply not being prepared—they can’t just ask for more time and expect the court to go along with it.
If the State’s delay isn’t justified, your case can be dismissed. And that’s not just a possibility—it’s something I actively fight for.
Real-World Example:
Holding the State Accountable
I recently had a case where the State failed to bring my client to court, even though he was sitting in custody the whole time. The same prosecutor’s office had handled the case from the beginning. They knew where my client was. When they asked for a continuance because they hadn’t arranged for his transport, I objected under Rule 8.5.
That failure to bring him to court wasn’t extraordinary—it was predictable and preventable. Just like in State v. Heise, the court agreed that the State’s lack of coordination wasn’t a valid reason to delay the trial. The clock kept running, and the State knew they were on thin ice.
These types of issues happen more often than people realize, and having an experienced defense attorney who knows how to enforce your rights under Rule 8 can make all the difference.
How I Use Rule 8 to Protect My Clients
At AJB Law Firm, I take speedy trial rights seriously. When you’re facing criminal charges, every day matters. I’ve seen how delays can wear people down—financially, emotionally, and mentally. I’ve also seen how holding the State accountable under Rule 8 can bring a case to a close faster than you might expect.
Here’s how I use Rule 8 in my practice:
Track deadlines from day one. I know exactly when the speedy trial clock starts and stops.
Challenge unnecessary continuances. When the State tries to delay, I make sure they meet the high standard required under Rule 8.5.
Push for dismissals when the State fails to meet its deadlines.
Because at the end of the day, justice delayed is justice denied.
Final Thoughts: Don’t Let the System Wear You Down
If you’re facing criminal charges in Tucson or Pima County, you deserve a defense attorney who knows how to fight back when the State tries to drag things out. Rule 8 is one of the most powerful tools I use to protect my clients’ rights and hold the government accountable.
If you or a loved one is dealing with criminal charges and want to know more about how I can help enforce your speedy trial rights, contact AJB Law Firm today. I’m here to walk you through the process, fight for your case, and make sure your rights are protected every step of the way.
Looking for an experienced Tucson Criminal Defense Attorney who knows how to push back against unnecessary delays? Call AJB Law Firm today for a consultation. Let’s fight for your rights—and your future.
