A. When a person is arrested for transporting eggs or egg products in violation of this article, unless he demands the right to an immediate appearance before a magistrate, the arresting officer, upon production of satisfactory evidence of the identity of the person arrested, shall take his name and address, the license number of his motor vehicle and such other information as may be necessary, and notify him in writing to appear at a time and place specified in the notice not less than five days after arrest before a magistrate of the precinct in which the offense is alleged to have been committed, and if the defendant gives his written promise to appear at the time and place specified, the arresting officer shall forthwith release him from custody.

Terms Used In Arizona Laws 3-735

  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Eggs: means eggs that are in the shell and that are from chickens, turkeys, ducks, geese or any other species of fowl. See Arizona Laws 3-701
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Magistrate: means an officer having power to issue a warrant for the arrest of a person charged with a public offense and includes the chief justice and justices of the supreme court, judges of the superior court, judges of the court of appeals, justices of the peace and judges of a municipal court. See Arizona Laws 1-215
  • Person: includes an individual, household, firm, corporation, company or association. See Arizona Laws 3-701
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writing: includes printing. See Arizona Laws 1-215

B. When the defendant refuses to give a written promise to appear, or demands an immediate appearance before a magistrate, he shall be taken forthwith before a magistrate of the precinct in which the offense is alleged to have been committed. He shall then be entitled to not less than five days continuance in which to plead or prepare for trial unless he waives the time and gives written promise to appear at such time and place as the court may fix, or, if he refuses to give the promise, the court may fix bail, and when given the defendant shall be released from custody.