CRIMINAL CASES

Type of Offense

In Arizona there are two basic types of criminal offenses: Misdemeanors and Felonies. A misdemeanor is any criminal offense in which no prison is possible, but jail is possible. A felony is any criminal offense in which prison is possible. A felony conviction will affect your right to bear arms and your right to vote. Additionally, a felony conviction can make obtaining employment very difficult.

Jail is controlled by the County. The Court may allow for work release or work furlough. A jail sentence may not exceed one year from the date of conviction. Probation is possible and may or may not be supervised by the courts.

Prison is controlled by the State of Arizona. No work release or furlough is possible. In most cases, you are not eligible for release until you have served at least 85% of your time. Prison may be as little as 4 months and as high as a life sentence or incarceration pending the execution of a death sentence.

Initial Appearance (I.A.)

After being arrested on a felony charge, you will be brought before the court for an initial appearance within 48 hours of your arrest. The basic function of the IA is for you to be advised of the criminal charges that led to your arrest, to set the conditions of your release, and to advise you of your next court date.

Release Conditions

1. Own Recognizance (O.R.): You are released solely on your promise to appear at your future court appearances.
2. Pre-Trial Services: This release is supervised and may include drug testing.
3. Third-Party: A third party is responsible for making sure you appear in court.
4. Bond: The court requires you to post cash or property before you are released from custody. If you fail to appear for court, the court may take the money posted. You may post the bond personally or use a bail bondsman. The bondsman will normally charge you a fee of 10% of the bond plus collateral equal to the total bond. Shop around for the best deal with the least restrictions.

Probable Cause Hearing (felonies only)

1. Preliminary Hearing: A judge, normally set in the Superior Court Regional Court Center (in Maricopa County) or in a Justice Court, will determine if the State has sufficient evidence to continue its case to a Superior Court arraignment and subsequent trial.
2. Grand Jury: A proceeding in which at least 9 people decide if the State has sufficient evidence to continue its case at trial. If there is a finding in either proceeding that sufficient evidence exists, your case will be set for an arraignment.

Arraignment

This is the court appearance in which you enter a plea. (No witnesses are present at arraignment and no testimony will be taken.) There are three options.

1. Not Guilty: You are informing the Court that you deny guilt and the State (Prosecutor's Office) must prove the criminal charge(s) against you. On a plea of "Not Guilty," a pre-trial conference will be scheduled, followed by a trial setting. At trial, the State will be required to present evidence to prove the charge(s) against you beyond a reasonable doubt.
2. No Contest (nolo contendere)*: You do not wish to contest the State's charge(s) against you. Upon a plea of "No Contest", the Judge will enter a judgment of guilty.
3. Guilty*: You admit that you committed the act(s) charged in the complaint(s), that the act(s) is prohibited by law, and that you have no legal defense for your act(s). Note that if you were involved in an incident where someone was injured at the time of the alleged offense, your plea of "Guilty" could be used later in a civil suit for damages as an admission by you that you were at fault or were the party responsible for the injury.

*As a general rule, the Superior Courts in Arizona will not permit a defendant to enter a No Contest or Guilty Plea at Arraignment.

Your decision on what plea to enter is one of the most important decisions you will make. I suggest you read the following explanations and consult with a criminal defense attorney before entering your plea.

Diversion

In some cases you may be eligible for "diversion.", an alternative to the normal trial process. If eligible and you proceed through the requisite counseling program, the charges against you will normally be dismissed, or not filed.

Pretrial/Status Conference

The Court may or may not set these conferences. At the conferences, the attorneys will exchange or share information with the court regarding the status of the case and trial preparation. If there is a plea bargain, this is normally the proceeding in which you will enter into the change of plea before the court.

Plea Bargain

At the arraignment you entered a plea of "Not Guilty." By entering into a plea bargain, you will be entering a plea of guilty or no contest normally in return for a benefit of punishment less severe than the possible sentence you would receive after trial.

Trial

In our justice system you are always entitled to a trial in which the government must prove your guilt beyond a reasonable doubt. Depending on the alleged offense, you will be entitled to a jury trial or non-jury trial. The number of jurors will depend on the type of charges and your criminal history.

You are entitled to hear all testimony introduced against you, however, if you do not appear the trial can be held without you and you may be found guilty in your absence.

You have a right to cross-examine any witness who testifies against you. You have a right to testify on your own behalf. You also have a Constitutional right not to testify. If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence. However, if you do choose to testify, the Prosecutor will have the right to cross-examine you.

You may call witnesses to testify on your behalf. If they will not come voluntarily, those witnesses came be subpoenaed to the court to testify as witnesses.

Sentencing

If you change your plea or are convicted after trial, the Court will normally proceed to an immediate sentencing if you are convicted of a misdemeanor. The Court will normally delay sentencing for approximately 30 days for a felony.

The purpose of the 30 day delay of the felony sentencing is so you can meet with the probation department. They prepare a pre-sentence report for the benefit of the judge. If you are meeting with the probation department, it is extremely important that you attempt to cooperate with them and put your best foot forward. The recommendations of the probation department are crucial to the judge's evaluation of your case, and to the ultimate sentence you may receive.

The amount of any jail sentence, fine, fee, restitution, program, or probation assessed by the Court is affected by the facts and circumstances of the case and your prior criminal record. Mitigating circumstances may lower the amount of prison time, jail, fine, or probation. However, aggravating circumstances may increase the amount of prison time, jail, fine, or probation.

For some offenses, there are statutory minimum sentences which the Judge must impose.

Restitution

You may be required to pay restitution for any damage or economic loss suffered by a victim. All restitution payments must be made to the Court for disbursement to the victim. If you have an insurance company which will pay the restitution portion of your sentence, it must make payment directly to the Court or provide proof of payment so that the Court can accurately record payment of this portion of your sentence.

Post Conviction Relief / Appeal

After a conviction, you have the right to seek judicial review of the judgment and sentence. Time frames vary. Seek legal advice immediately.

Expungement/Set Aside Conviction

After you have completed your sentence, in most cases, the Court can enter an order to set aside your criminal conviction.

Conclusion

Put an experienced, aggressive trial attorney on your side. Robert A. Dodell, Esq., is a skilled and experienced criminal defense attorney who has represented thousands of clients throughout Arizona charged with a variety of felony and misdemeanor offenses. No matter how serious the situation, Robert can help you through the crisis. Robert personally answers his own telephone and he will personally handle your case. Contact Robert A. Dodell, Attorney at Law, directly by email or by calling 480-860-4321 now for a free consultation.