If you or a loved one are arrested in Arizona, it’s crucial that you understand what to expect as the criminal case goes through the legal system. That way, you can feel more confident and in control during what can be a difficult and overwhelming time. Indeed, a qualified criminal defense attorney can guide you every step of the way, but you, too, should be informed.
In this article, we discuss the criminal procedure process in Arizona. If you or a loved one has been charged with a criminal offense in Arizona, get the experienced and aggressive attorneys at Oliverson Law DUI & Criminal Defense on your side today. Our team consists of a former police officer, prosecutors, and judge. Call us anytime at (480) 582-3637.
Arrest and Booking
After an individual is arrested, they should avoid speaking to the police or detective. A common police tactic involves the officers seemingly asking innocent questions, but their intent is to get you to say something they can use against you in the prosecutor. Even if the officer or detective says cooperation will help things go faster, you should not make any statements.
After a person is placed under arrest, they are taken to the police station for booking. During booking, fingerprints and photos are taken. Also, their property is removed and impounded, and vitals are collected.
Arraignment
The arraignment hearing is when a suspect is brought before a judge for the first time. Once in court, the defendant is informed about the charges against them and asked to enter a plea. At the arraignment you will enter a plea of “not guilty” or “guilty.” It is vital that you have an experienced and skilled criminal defense attorney with you at your arraignment.
In Arizona misdemeanor cases a person is typically given a citation with a future court date (arraignment) and then released. For felony charges, the person is taken before a judge within 24 hours of being arrested for their initial appearance where the judge will decide if the person is released on their own recognizance, held until a bond is paid, or in rare cases, held without a bond. The issue of bonds is governed by the Arizona Rules of Criminal Procedure.
Discovery, Case Investigation, Pleas and Plea Bargaining
After the persons arraignment, the next step in the criminal case process is collecting the State’s evidence, investigating for possible constitutional and factual issues. Once your criminal defense attorney completes their investigation, the process of negotiating a possible plea takes place. The purpose of plea negotiations is to see if the case can be resolved without the case proceeding to trial. It is again vital to have an experienced and aggressive attorney on your side during this process to get you the best possible result.
Pre-trial Motions and Hearings
Prior to trial, any pretrial motions challenging the State’s evidence will be filed and argued at a hearing. These motions could include possible constitutional issues surrounding the conduct of the police during their investigation, the collection of evidence, and other issues.
Trial
Depending on your case’s specifics, you may have the right to choose between having a bench trial or a jury trial. If you decide to take your case to trial, ensure you have a skilled defense attorney by your side. An attorney can advise you on which type of trial is best for you, and what type of trial you could have the right to depending on the charges. Also, trials can be complicated, so you don’t want to go at it alone.
Sentencing
If convicted at trial, or after accepting and entering a plea, sentencing follows. Sentences can include, among others, prison time, fines, probation, or community service.
Appeal
Finally, after a defendant is convicted, they can petition a higher court to reverse the decision. The appeals process requires experience and skills, so it’s best to work with an attorney.
Contact an Arizona Criminal Defense Attorney Today at (480) 582-3637!
After an arrest, do not hesitate to contact our skilled and dedicated at Oliverson Law DUI & Criminal Defense and get the help of a former police officer, prosecutor, and judge today! You can reach us 24/7 at (480) 582-3637.