Arizona Laws 13-4083. Material witness; detention; release
A. If the court finds that a material witness wilfully failed to comply with a properly served subpoena or order to appear, the court may authorize a law enforcement agency to detain the material witness until the witness can be brought before the court. A detained material witness must be brought before the court on the same or next court date.
Terms Used In Arizona Laws 13-4083
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- material witness: means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case. See Arizona Laws 13-4081
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
B. A material witness who is detained may be kept in a physically separate section or be administratively segregated from any person who is charged with, adjudicated delinquent for or convicted of a criminal offense. If the material witness is a juvenile, the witness may be detained in a juvenile detention center or a jail pursuant to section 8-305.
C. If, after the material witness is given an opportunity to be heard, the court finds that a detained material witness is unlikely to comply with a future subpoena or order to appear, the court may order a secured appearance bond or an unsecured appearance bond or may impose electronic monitoring until the material witness testifies. The court may also order the continued detention of the material witness and proceed pursuant to section 13-4084.
D. Following the completion of testimony or a deposition, the court shall release the material witness from detention and from all obligations imposed by the court. The court may hold the release of any bond until the final disposition of any contempt proceedings.