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ARS 13-3906: Processing arrestees

ARS 13-3906: Processing arrestees

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

The complete text of A.R.S. § 13-3906 on processing arrestees, and how this section is used in Arizona criminal cases. It defines terms and procedure rather than creating an offense.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC. Last updated September 4, 2026.

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What § 13-3906 Sets Out

A.R.S. § 13-3906 is the Arizona statute on processing arrestees. It sets out procedure and rules rather than defining an offense, so no offense class or sentence attaches to this section on its own.

A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person’s country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:

  1. Notify the person’s country of citizenship of the person’s detention if the person does not waive notification or if the person’s country of citizenship requires notification regardless of the person’s waiver of notification.
  2. Document the notification to the person’s country of citizenship and any waiver of notification.
  3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-3961, subsection A, paragraph 5 or section 13-3967, subsection B, paragraph 14 or for any other lawful purpose.

Full Text of A.R.S. § 13-3906

A. Within twenty-four hours after a person is brought to a law enforcement agency for incarceration, the law enforcement agency shall inquire of the person and determine that person’s country of citizenship. If the person is not a United States citizen, the law enforcement agency shall:

1. Notify the person’s country of citizenship of the person’s detention if the person does not waive notification or if the person’s country of citizenship requires notification regardless of the person’s waiver of notification.

2. Document the notification to the person’s country of citizenship and any waiver of notification.

3. Transmit any information obtained pursuant to this section to the court and the prosecuting agency for the purpose of making a determination pursuant to section 13-3961, subsection A, paragraph 5 or section 13-3967, subsection B, paragraph 14 or for any other lawful purpose.

B. The failure or inability of a law enforcement agency to provide the notice required by this section does not:

1. Affect the admissibility of any statements, the voluntariness of a guilty plea or the validity of a conviction.

2. Afford a defendant any rights in any proceeding related to deportation, exclusion or denial of naturalization.

Source: Arizona Revised Statutes § 13-3906, Arizona Legislative Council revision of 09/19/25. Read the official text on azleg.gov. Statutes change; verify the current version before relying on it.

How § 13-3906 Affects an Arizona Case

§ 13-3906 usually matters because of how it interacts with the charge someone is actually facing. We read it alongside the charging statute, because a definition or a procedural rule frequently decides what the State must prove, what a judge may impose, or what relief is available afterward.

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Common Questions

Frequently Asked Questions

What is A.R.S. § 13-3906?

A.R.S. § 13-3906 is the Arizona statute on processing arrestees. It sets out rules that apply across Arizona criminal cases rather than defining a single offense.

Where can I read the official text of § 13-3906?

The Arizona Legislature publishes it at azleg.gov, in the revision dated 09/19/25. The complete text is reproduced on this page, and every Arizona criminal statute is searchable on our Arizona Criminal Code index.

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