Arraignment Arraignments are held in Superior Court. At the arraignment, the Court will enter a “Not Guilty” plea on your behalf and will ensure that you have an attorney representing you on your case. Assigning Representation
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There are two Regional Court Centers in Maricopa County where preliminary hearings and arraignments are consolidated into one event at one location to expedite the criminal justice process primarily for lower level offenses.
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Although it is rare, it is possible for charges to be dropped at an arraignment. This may happen through a probable cause hearing, which typically occur during an arraignment. A probable cause hearing is made after a criminal defense lawyer Los Angeles, CA requests a judge to hold this type of hearing.Sep 2, 2021
The hearing at which the accused person formally hears the charges is known as an “arraignment.” Generally, at an arraignment, the court verifies the person's identity, informs him or her of the charges and possible sentence, informs the person of his or her constitutional rights, and allows the person to enter a plea.
An arraignment is a hearing. It is where the court formally charges the person who abused you with the crime. If the person who abused you is arrested and the District Attorney files a criminal complaint against them, the first thing that will happen in court is the arraignment.
If you plead "not guilty" at the arraignment, the judge will set a date for trial approximately four weeks from the day of arraignment. Pleading not guilty at the arraignment leaves all your options open until you have more time to decide what you want to do.
No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.
At an arraignment, a judge will formally state the charges against the defendant. If bail has not yet been set in the case, it will be addressed at arraignment. Then, the defendant will be apprised of their rights and asked to enter a plea to the charges.Nov 29, 2021
The arraignment shall be made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, reading the same in the language or dialect known to him, and asking him whether he pleads guilty or not guilty.
Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
In felony cases, sentencing will generally be held about 30 days after the change of plea or guilty verdict. Prior to sentencing, the court will request a Pre-Sentence Report on the defendant from the Maricopa County Probation Department (only for felony cases).
In certain felony cases, such as homicides or vehicular collisions involving serious injuries or death, a Deputy County Attorney may come to the crime scene to assist officers with legal issues in the investigation.
An IA is the first time the suspect, now referred to as a defendant, appears before a Judge or Commissioner. At the IA, four events take place: 1 The defendant is informed of the felony allegations. 2 The defendant is advised of the right to an attorney. If the court finds the person cannot afford an attorney, a public defender will be appointed. 3 Conditions of the defendant's release are established. Defendants accused of less serious or non-violent crimes, or who have sufficient community ties, are released at this time on their own recognizance (OR), a personal promise to return to court when required. Defendants accused of serious offenses, or who have criminal records or a history of not returning to court as required, are either held in jail or released after posting a cash bond. 4 A date is set for a status conference and preliminary hearing.
Initial Investigation. When a crime is reported to a law enforcement agency, a patrol officer travels to the scene to investigate. After first assisting anyone who may need medical attention, the patrol officer will interview the victim (s) and any witness (es) and compile a report describing the crime.
In addition to - and sometimes in lieu of - filing a direct complaint, a prosecutor may formally charge a suspect by presenting evidence to a Grand Jury comprised of at least nine citizens selected at random.
A final trial management conference (FTMC) is typically held seven days before the scheduled trial date to discuss the trial schedule and address any remaining issues in the case before going to trial. All cases are scheduled for a FTMC prior to ordering a jury.
The Deputy County Attorney (the State) 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 and the defendant is guilty of committing that crime.
It can take several months for a case to move through the court system. During that time, it is important for you to keep in touch with your lawyer and to make all court appearances until your lawyer tells you that your case is over. You can help your lawyer by: Being on time to court.
If you accept the prosecutor’s offer, you give up your right to a preliminary hearing, a trial and, an appeal. You will enter into the plea agreement in court that same day.
If the Court determines that you cannot afford to hire an attorney, one will be appointed to assist you and you will receive instruction on how to contact your assigned attorney. Assigning a Judge and Next Court Date. The Court will also assign your case to a judge and set your upcoming court dates.
By pleading guilty you give up several rights, including your right to trial. It is important to review the entire plea agreement with your attorney and that you understand the consequences of entering into the agreement before you sign it and before you enter it in court.
An Appeal is a request to a higher court to review your case because Superior Court made errors regarding law during your trial. An appellate court will not reweigh the evidence.
You can help your lawyer by: 1 Being on time to court 2 Come to court prepared with any questions you have for your attorney 3 Wear appropriate clothing
Initial Appearance Court (IA) is the first court appearance for someone arrested in Maricopa County. IA Court is located at the 4th Avenue Jail, 201 South 4th Avenue. Initial Appearance Court is statutorily required to conduct hearings on persons arrested within 24 hours from the time of arrest. Persons arrested are transported to the 4th Avenue Jail for booking into the Maricopa County Sheriff's Office (MCSO) jail management system (JMS). The court docket is conducted every three (3) hours on a 24 hours/7 days a week schedule. Each docket typically consists of forty (40) people, but may be increased to ensure that all arrested people are seen by IA Court within the 24 hour statutory requirement.#N#All felony arrests, new charges, or people arrested on outstanding warrants in Maricopa County must be seen in IA Court. Also, anyone arrested on misdemeanor charges by MCSO or the Department of Public Safety (DPS) within Maricopa County will be seen at IA Court, as well as people arrested from warrants issued by the twenty-six (26) justice courts in Maricopa County, and new charges and warrants from fifteen (15) different city courts. Initial Appearance Court also hears out-of-county and out-of-state warrants, civil, probate, and family court matters. A total of 80,003 initial appearance (IA) hearings were held in IA Court in FY2016, which is a 9.3% increase from FY2015.#N#The IA Court also received 13,023 requests for search warrants and 8,566 search warrant returns in FY2016, which is 8% more than the previous fiscal year. Criminal Administration staff prepares all necessary documents for the commissioner to review.#N#The six (6) commissioners in IA Court and four (4) part-time Commissioner Pro Tems are served by eleven (11) Judicial Clerks and one (1) Judicial Assistant.
Defendants appearing on the Not Guilty Arraignment calendar are from Grand Jury indictments. Defendants may be in-custody or out of custody. During this proceeding, the defendant is notified of the charges against them, the court enters a "not guilty" plea on their behalf, release conditions are discussed and the defendant receives the next court date and location. Determination is also made as to the need for indigent representation. Cases coming from the NGA calendar may be sent to a judicial division or a specialty court for future court hearings.#N#NGA calendars are heard on Tuesday, Thursday, and Friday mornings. The average number of defendants appearing on each of these calendars is eighty (80) to ninety (90). From July 2015 through June 2016, 13,644 defendants appeared on the NGA calendar.
The commissioners that hear EDC cases also hear welfare fraud cases filed by the Office of the Arizona Attorney General.#N#The three (3) EDC calendars (Two (2) in the downtown Phoenix complex and one (1) at the Southeast Regional Complex) are generally large. In FY2016, there were 11,083 cases filed in EDC, a decrease of 2.29% compared to the number of cases filed in FY2016. Most of the cases resolved in EDC are diverted into a drug treatment program administered by a private drug treatment company under contract with the Maricopa County Attorney's Office. If the defendant successfully completes the treatment, their case is dismissed.
The Regional Court Center for early felony processing was designed to speed resolution of lower level criminal cases. The direct complaint program handles all felony complaints (typically Class 4, 5 and 6 felonies) from inception, eliminating complaint paperwork being transferred between the Justice Court system and Superior Court, with judicial officers able to preside over the full range of case complexities. Preliminary hearings and arraignments are consolidated to the same day at the RCC, which saves ten days of potential jail time for in-custody defendants, eliminates duplication of efforts, and reduces Sheriff Office transport of in-custody defendants to the various Justice Courts. Status Conferences are scheduled a few days in advance of the Preliminary Hearing to encourage early communication between the parties and promote possible case resolution.#N#The four (4) calendars in the RCC (three (3) in Downtown Phoenix and one (1) at the Southeast Regional Complex), are larger in size to those found in EDC. In FY2016, there were 15,690 cases filed, which is 6% less than the number of cases filed in FY2015. However, many of the cases filed into RCC are diverted to a Grand Jury by the County Attorney's office before in the preliminary hearing in RCC. If those cases are not included in the determination of a RCC resolution rate, the percentage of cases that actually appear in RCC that are resolved in RCC increases significantly.
If the bond is forfeited, those monies are then transferred from the Clerk of Court's records to the County Treasurer for disposition . If the bond is exonerated, the Clerk of Court will return those funds to the bond poster, which could be an individual or a bonding company.#N#For FY2016, there were 1,730 bond forfeiture cases heard which resulted in approximately $1,957,256 in forfeited bonds and a total of $1,725,397 in total bonds collected (includes cash and paper bonds).
The Initial Appearance by Summons Court is the second way by which a defendant may enter the criminal felony adjudication process. Individuals are summoned to appear in court rather than being arrested and appear before the Initial Appearance Court. Hearings are conducted in much the same manner as the IA Court. Defendants are advised of the allegations against them, the conditions of release are established, the person is advised of the right to an attorney and a determination is made regarding indigent representation, and they receive their next court date.#N#Initial Appearance by Summons are heard on Wednesday, Thursday, and Friday afternoons on the 3rd floor of the South Court Tower (SCT, 175 W. Madison St.) in Phoenix. The average number of defendants seen per month is 488 in FY2016, which is a decrease of less than 1.6% from FY2015.
The Fugitive From Justice calendar monitors defendants who are arrested on an active warrant from another state. They are given an initial appearance and receive their next court date on the FFJ Complaint calendar. At this hearing, the defendant is given the option of signing a waiver to be extradited to the state where the complaint originated or they can contest the complaint. If the defendant chooses to contest the complaint, the Court sets 30, 60 and 90 day review hearings. If the defendant is unable to resolve the complaint from the other state, the governor of the State of Arizona can issue a warrant to extradite the defendant to the original state on or before the 90th day.
There are two Regional Court Centers in Maricopa County where preliminary hearings and arraignments are consolidated into one event at one location to expedite the criminal justice process primarily for lower level offenses. Preliminary hearings at an RCC require the attendance of the prosecutor, the defendant, the defense attorney, and the prosecutor’s witnesses. The victim is given notice of this hearing and may also be required to attend. The defendant may demand a hearing, waive the hearing, or accept a plea offer from the prosecutor. A plea offer is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty or no contest in order to avoid a trial. The prosecutor must make diligent efforts to confer with the victim about any plea offer made to the defendant. In some less serious cases, sentencing will also be set at the RCC.
In felony cases, sentencing will generally be held about 30 days after the change of plea or guilty verdict. Prior to sentencing, the court will request a Pre-Sentence Report on the defendant from the Maricopa County Probation Department (only for felony cases).
When a crime is reported to a law enforcement agency, a patrol officer travels to the scene to investigate. After first assisting anyone who may need medical attention, the patrol officer will interview the victim (s) and any witness (es) and compile a report describing the crime. Police Detectives and crime scene investigators may also respond if there is a need to take special photographs of the scene or the victim, record possible fingerprints, or gather additional evidence. In certain felony cases, such as homicides or vehicular collisions involving serious injuries or death, a Deputy County Attorney may come to the crime scene to assist officers with legal issues in the investigation. If police believe that a suspect has been identified and that there is sufficient evidence that the suspect has committed a crime (a finding known as “probable cause”), the suspect may be arrested immediately.
An arraignment is held within ten days after the filing of an indictment or direct complaint, unless the defendant has not been arrested or has negotiated a plea agreement at the status conference. The arraignment hearing serves several purposes:
When a suspect is arrested either at the scene of the crime or as a result of an arrest warrant, he or she is taken to jail and “booked,” or registered in the criminal justice system as having committed a specific offense. Within 24 hours of the booking, the defendant must be taken before a Judge or Commissioner for an Initial Appearance (IA). Suspects who receive a Grand Jury summons are also ordered to attend an initial appearance.
If suspects are not arrested at the scene, the patrol officer’s incident report may be channeled to detectives within the law enforcement agency for further investigation. Detectives may contact witnesses for formal statements, may obtain additional physical evidence as well as descriptions of suspects or stolen property. Once their investigation is complete, law enforcement officers may either arrest a suspect if they believe there is sufficient probable cause, or submit their findings to the County Attorney’s Office for review by a prosecutor.
An IPTC is usually held within 45 days after an arraignment.