| Misdemeanor Procedures
Investigation and Arrest
In most cases, the local law enforcement agency investigates a reported crime. The law enforcement officer will interview witnesses and victims and gather evidence, such as witness statements and photographs. At the conclusion of the officer’s investigation, the officer will complete an Arizona Traffic Ticket and Complaint form, which charges the accused with the alleged crimes. The officer will do one of several things: make an immediate arrest; have the accused sign the Arizona Traffic Ticket and Complaint, which, without admitting
guilt, is a promise to appear on a certain date and time in court; or request the court to issue a summons commanding the accused to appear in court on a certain date and time. If the officer makes an immediate arrest and books the accused into the County Jail, then the accused will be taken before a Judge or commissioner for an Initial Appearance, which is the first appearance of a defendant in court. Many defendants are released at this time on their own recognizance (O.R.) with a promise to return to court when required. Other defendants could be held in jail or released after posting a bond. Any defendant who is released from jail will have conditions of release imposed upon them by the judge and the defendant must abide by these conditions or risk being placed back in jail.
After the officer completes the Arizona Traffic Ticket and Complaint, the officer will file it in the appropriate Justice Court or Magistrate Court. The officer then completes an incident report and compiles the evidence.
Initial Appearance and Arraignment
The first appearance of the defendant in the Justice Court or the Magistrate Court is called an Initial Appearance. At this hearing, the judge advises the defendant of the criminal charges that have been alleged and of his/her constitutional rights. Then the Judge will set another hearing, which is called an Arraignment. Also, the Judge will determine release conditions, whether to release the defendant on his/her own recognizance (O.R.), leave him/her in jail, or set a bond.
The second appearance of the defendant in the Justice Court or Magistrate Court is called an arraignment. This hearing is similar to an Initial Appearance except that additionally the defendant will enter a plea of "guilty" or "not guilty." If the defendant pleads "guilty," then the court will proceed to sentence the defendant at that time. If, however, the case is determined to be a case involving a statutory victim, then the judge will set a sentencing date no more than thirty days after the arraignment to allow the County Attorney’s Office to notify
the victim accordingly. If the defendant pleads "not guilty," then the judge will set a Pre Trial Conference date. In most misdemeanor cases filed in the Justice Court or the Magistrate Court, the Initial Appearance and the Arraignment occur simultaneously (in a single hearing rather than two different hearings).
Pre Trial Conference
A Pre Trial Conference is held before a trial date is set. By Arizona Rules of Criminal Procedure, both the prosecutor and the defendant (or the defendant’s attorney) must disclose information to the other party. This process, called Discovery, requires the prosecutor and you (or, if you have an attorney, your attorney) to meet and the prosecutor will provide you (or your attorney) with a disclosure packet, which generally consists of a police report (and any other documents, such as witness statements) and a disclosure statement.
Also, the prosecutor will provide you (or your attorney) with a plea offer to determine if a fair and efficient resolution can be reached in settlement of your case, or whether a trial will be necessary to resolve your case. Generally, a plea agreement may enable a defendant to plead guilty to the original charge(s) or to some lesser charge(s), a dismissal of certain charges, a commitment from the prosecutor not to file additional charges, or an agreement to a particular sentence. If a plea agreement is reached, the prosecutor and the defendant (or the defendant’s attorney) appear before the judge for a change of plea hearing. The defendant enters a plea of guilty as agreed in the plea agreement. A sentencing will then occur at the same time as the change of plea. The sentence imposed will follow the agreement contained in the plea agreement and the case will be closed. If, however, the case is determined to be a case involving a statutory victim, then the judge will set a sentencing date no more than thirty days after the Pre Trial Conference where the change of plea occurred in
order to allow the County Attorney’s Office to notify the victim accordingly. If a plea agreement is not reached, then a trial will be requested and the judge, at a later time, will set a trial date and mail such notice to both the prosecutor and the defendant (or the defendant’s attorney).
The defendant is responsible to keep his/her mailing address correctly updated with the court so that the defendant will receive all court notices. If a defendant fails to appear for the Pre Trial Conference, the prosecutor will so advise the court and a warrant may be issued for the defendant’s arrest and the court may send a notice reporting your failure to appear to the Department of Motor Vehicles, which can result in the suspension of your driving privileges.
Trial
If a plea agreement is not reached, the case will go to trial. Both the prosecution witnesses and the defense witnesses that were disclosed to the other party in disclosure statements can testify before a judge, or a judge and jury. The prosecutor will give a subpoena list to the court and the court will issue subpoenas in advance for the state’s witnesses. The defendant (or the defendant’s attorney) will also give a subpoena list to the court and the court will issue subpoenas in advance for the defense’s witnesses. Witnesses may be excluded from the courtroom until they are finished testifying to ensure that a witness is not influenced by the testimony of another witness. If you are a defendant or a victim, however, you have the right to be present throughout the trial.
The trial commences with the prosecutor making an opening statement to explain the case. Then the defendant (or the defendant’s attorney) may then make an opening statement. The prosecutor then presents the case against the defendant. It is the responsibility of the State to prove beyond a reasonable doubt that a crime was committed by the defendant. The prosecutor calls witnesses to testify under oath. The defense may cross-examine the witnesses. The prosecutor also presents physical evidence. After the prosecutor presents the case against the defendant, the defense has an opportunity to present its evidence. The defendant may or may not testify on his/her behalf. The prosecutor may cross-examine the defense’s witnesses, including the defendant if the defendant decides to testify on his/her behalf.
Following the defense’s case, the prosecutor may call rebuttal witnesses to discredit statements and facts presented by the defense. At the conclusion of the trial, the prosecutor and the defendant (or defendant’s attorney) make their closing arguments to the judge or the judge and jury. After the closing arguments, the judge (unless it was a jury trial) will either find the defendant "guilty" or "not guilty." If the judge finds the defendant "not guilty," then it means the State was not able to prove its case beyond a reasonable doubt and the judge was not firmly convinced that the defendant committed the alleged crime(s). If the Judge finds the defendant "guilty," then the Judge will either sentence the defendant at that time, or the Judge will set a sentencing date.
Sentencing
If the defendant pleads guilty or is found guilty, the Judge will impose a sentence not to exceed the maximum allowed by law, which could consist of a term of incarceration in the County Jail, a monetary fine plus any statutory surcharges and penalty assessments, a cost of prosecution assessment, any counseling required by law, and/or a period of probation, or any combination of the aforementioned. However, if the sentencing occurs after a plea of guilty pursuant to a plea agreement, the Judge will follow the sentencing contained in the plea agreement. If a victim is involved, the victim may make a statement to the Judge at the time of the defendant’s sentencing. Furthermore, Arizona law requires the Judge to order the defendant to pay restitution if the victim has suffered a monetary loss directly related to the crime. Restitution payments are made to the Clerk of the Court, who then mails the payments to the victim. | |