We understand that if you are charged with a crime in Arizona, the criminal case process can be very confusing and scary.  Although not every criminal case in Arizona follows this exact process, and some things may happen in a different order, below is a summary of the main things a person charged will encounter, along with an explanation of each item. 

Our office will explain everything to you in greater detail as your defense progresses, and will be there to answer any questions you may have and make this difficult time in your life as comfortable as possible.

The Charging Process

Once the State decides to charge someone in Arizona with a criminal offense, they have two different ways they use to bring the case to court.

                -File a Complaint

The simplest method the State uses to file criminal charges against someone in Arizona is to file what is called a “Complaint.”  This is simply a written statement by a prosecutor to the court as to what law they believe has been violated and who they think did it.  The complaint is filed with the appropriate court, and then the court will issue either a Summons to Appear, or a Warrant for Arrest.  Either one serves as an order for the defendant to appear in the court to answer to the charges.

If the State files a complaint in a felony case, you have a right to a “preliminary hearing” to determine whether there is enough evidence, or “probable cause” to continue with the charge.  As your Arizona criminal defense attorney we will assist you with this, and determine the best strategy for you to follow at this point in your case.

                -Grand Jury Indictment

The other method that is often used for felony charges is for the State to present evidence to a Grand Jury, who then decides whether or not the State should proceed with the filing of the case.  If they Grand Jury decides there is reason to believe a crime was committed, and there is some evidence linking the defendant to that crime, they will direct that an “Indictment” be issued.  The indictment takes the place of a complaint, and a summons or warrant is then issued for the defendant. 

The indictment replaces the issue of probable cause as outlined in the section above.  Arizona criminal defense attorneys are allowed to challenge the findings of the Grand Jury under certain circumstances and request that the case be re-presented.

If a person believes that he is the subject of a criminal investigation in Arizona, it is often a wise decision to retain a criminal defense attorney before any charges are filed.  You have certain rights regarding he charging process that you need an attorney to assist you with, or you will lose them.  Additionally, a good, aggressive Arizona criminal defense attorney can assist in the period prior to charging, perhaps even preventing a case from being filed altogether. 

Arrest, Booking and Bond

If a person is charged, and a Warrant for Arrest is issued, the police will serve the warrant and arrest the person for the crime.  Other times, the police will believe they have grounds to arrest someone without the need for a warrant.  In either event, the person is arrested and taken to the police station for processing.

This involves fingerprinting, conducting a search of the person and their surroundings, and questioning the person arrested not only routine questions, but usually questions related to the crime as well.  If a person is in police custody, the police are not allowed to question him as to the crime if that person has asked to speak to an attorney.  This is what is commonly referred to as a person’s “Miranda Rights.”

There are a multitude of legal issues that come into play during an arrest, and a good Arizona criminal defense attorney will examine all these issues, searching for violations on the part of the police that may assist in the defense of your criminal case, or even its dismissal.

Unless you are charged with certain types of crimes, you will be entitled to go before a judge who will set a bond for your release.  It is important to contact an Arizona criminal defense attorney upon arrest because your attorney can appear with you at that first appearance, and provide reasons to the judge as to why you should be released from jail.

If the judge will not release you on your own recognizance, you will be required to post a bond to ensure your appearance at future court dates.  We can refer you to trusted bond companies to assist with this, as well as petition the court to reduce your bond if it is excessive.  A good Arizona criminal defense attorney will work early on in the process to get you out of jail as soon as possible.

Arraignment

At some point after probable cause to charge has been established, a person charged with a crime in Arizona will be arraigned before the court.  At that hearing the judge reads the charges to the defendant, advises him of his rights, and if necessary discusses release conditions such as bail.

Discovery is also given to the criminal defense attorneys at the arraignment.  Discovery at this point usually is limited to police reports, and later photographs, video or audio recordings, and other evidence is provided.  The State must provide all evidence that they intend to use to get a conviction.

At the arraignment, the court will also set a next court date for the case, which is usually a pre-trial conference.

Pre-Trial Conference

Between the arraignment and the pre-trial conference, most of the investigation into the defense of your case is completed.  There may be several pre-trial conferences in a case, as it can take quite a bit of time to mount an effective defense strategy. 

As your criminal defense attorney, we will conduct interviews of witnesses, examine evidence, do independent investigation, and conduct a thorough examination of your case to discover any legal issues that can be used in your defense. 

This time is used to research and file any motions that may aid in your defense.  Motions to suppress evidence or statements are a valuable tool in any criminal defense case.  The police have to follow certain “rules,” and if they fail to do so, a judge can order sanctions against the State.  These penalties can include ordering that the State cannot use certain evidence or even order that the case be dismissed.

Trial

If the case cannot be resolved with either a plea agreement or dismissal, then Arizona criminal cases will go to trial.  If you are charged with a felony, you are entitled to a trial by jury.  Certain, but not all, misdemeanors are also eligible for a jury trial.

We will explain the whole trial procedure to you as your criminal defense attorney as your case progresses, but the end result is that the jury is presented with evidence by both the state and the defense, and then the jury decides if the State has proven its case or not.  You are not required to testify at a trial, and the burden is entirely on the State to prove its case.

Depending on the nature of the charge, a trial can last anywhere from a day to several months.

Sentencing

Sentencing is a court hearing that occurs either after a person has been found guilty, either as a result of a plea or a trial.  The judge determines punishment at this hearing, and does so with the assistance of both the State and your criminal defense attorney.  Both sides offer suggestions as to what the appropriate punishment should be, and the judge then ultimately decides.

Sentences can range anywhere from paying a simple fine, to being placed on probation, to being committed to the Arizona Department of Corrections.  It is important that you have a good Arizona criminal defense attorney at this point in the proceedings, as his recommendation can persuade the court to exercise discretion and leniency.

After sentencing, if there are legal issues that you believe have been wrongly decided, you can then file an appeal of your case.