Court Procedures

Hello and welcome to YourBestLawyer.com. In this video, we will guide you through the typical court procedures associated with a misdemeanor court case. We will discuss practical steps from the initiation of the criminal case to the sentencing phase.

The process of handling misdemeanor cases typically commences with an investigation. In many instances, this investigation initiates at the time of the incident, with law enforcement officers conducting inquiries that may lead to the immediate arrest of the defendant. Following this arrest, the officer has the option to either issue a citation for the defendant to appear in court or bring the defendant before a judge for an initial appearance.

Alternatively, in some cases, the police investigate a suspected crime and subsequently present the gathered evidence to a prosecutor. The prosecutor then decides whether to file a complaint in court. If a complaint is filed, the court will either mail the defendant a summons to appear for an arraignment or, upon the prosecutor's request, issue an arrest warrant.

As outlined in Arizona Revised Statute 13-107C, the statute of limitations for charging someone with a misdemeanor is one year. This period typically starts from the date of the incident, but it may also begin from the moment the charge was filed or discovered. This procedural framework guides the progression of misdemeanor cases, ensuring a systematic and legal approach to addressing alleged offenses.

If an arrest occurs, an officer will apprehend the individual and is likely to bring them before a judge within 24 hours. This proceeding is commonly referred to as the Initial Appearance.

The initial appearance signifies the inaugural hearing in your criminal misdemeanor case. In this starting proceeding, the judge addresses three pivotal elements: the specific charges filed against you, the terms of release (which may encompass options such as own recognizance release, supervised release, bond release, or no release), and details about the subsequent court hearing, commonly referred to as the arraignment or a pre-trial conference. In certain instances, the prosecutor, the attorney representing the state, may be present and could suggest a plea to expedite the resolution of the case.

The arraignment is a simple but crucial step in misdemeanor cases, serving as a concise yet vital process. During this phase, the judge formally informs the accused, known as the defendant, about the charges filed against them and the potential sentences they may face. The defendant then must declare a plea, choosing either "guilty" or "not guilty," with the latter being a common choice.

In addition to the plea declaration, the arraignment involves several other key elements. These include scheduling dates for pre-trial or trial proceedings, providing written notices with important dates and deadlines, and cautioning the defendant about the consequences of non-appearance, which may result in additional criminal charges and the issuance of warrants. It's crucial to highlight that a judge may proceed in the defendant's absence, known as absentia, except during the sentencing phase. The judge also informs the defendant of their right to legal representation. If the defendant cannot afford an attorney, they are advised about the option to apply for a public defender, with the associated costs covered either by the defendant, the public, or a combination of both.

It's important to be aware that hiring an attorney in advance allows them to waive your appearance for the arraignment.

Pretrial proceedings in misdemeanor cases encompass all the hearings that occur before an actual trial takes place. As outlined by the Arizona Rules of Criminal Procedure, both the prosecution and defense are required to share the information they plan to present during the trial, such as physical evidence, police reports, and a list of witnesses. This information-sharing process, known as discovery, is examined in one or more pretrial status conferences in front of the Judge. The rules of discovery also grant attorneys the opportunity to interview potential witnesses.

While these pretrial proceedings are going on, the state prosecutor may present a plea bargain as an option to resolve the case without proceeding to a trial. If your attorney successfully negotiates an agreement that you find acceptable, the subsequent step involves a change of plea. However, if no agreements are reached, the case moves on to the trial or the jury trial phase.

A change of plea happens when a person accused of a crime, who initially entered "not guilty," decides to switch and admit they are "guilty" or plead "no contest." This usually occurs after discussions between the defense and prosecution lead to a plea bargain or agreement. With their lawyer's advice, the accused may agree to the deal, acknowledging culpability for specific terms, with the expectation of potential benefits such as dismissal, reduced charges, a lenient sentence, or other favorable outcomes.

This change of plea is a big legal move, showing that the accused accepts responsibility for the stated offenses. During the process, the defendant formally admits guilt, signs a document waiving certain rights (like the right to a trial and cross-examining witnesses), and acknowledges the agreed-upon terms. Victims also have the right to be present and express their views on the plea agreement. The Judge can either reject the agreement and schedule a trial or accept the plea, find the defendant guilty, and move on to sentencing.

This approach speeds up the case resolution, avoiding a full trial. The court then proceeds to sentencing based on the agreed terms in the plea bargain. It's crucial to understand that the decision to change the plea is voluntary and comes after careful thought about the legal consequences and potential outcomes.

If no plea agreement is reached, the case proceeds to trial. In Arizona, the involvement of a jury depends on the nature of the misdemeanor. All parties involved, including prosecution and defense witnesses, are subpoenaed in advance to testify. Throughout the trial, victims have the right to be present.

Once a jury is selected and sworn in, both the prosecution and defense provide opening statements to explain their perspectives on the case. The Deputy County Attorney or city prosecutor (representing the State) then presents the case against the defendant. The State carries the burden of proving "beyond a reasonable doubt" that a crime was committed and that the defendant is guilty. To meet this burden, the Deputy County Attorney presents evidence and calls witnesses, who testify under oath and may be cross-examined by the defense attorney. Witnesses are excluded from the courtroom until they have finished testifying to prevent their testimony from being influenced by others.

Following the prosecution's case, the defense has the opportunity to present its evidence. Depending on legal advice, the defendant may or may not testify. Like prosecution witnesses, defense witnesses are subject to cross-examination by the prosecutor.

After the defense presents its case, the prosecutor may call rebuttal witnesses to challenge statements and facts presented by the defense. At the trial's conclusion, both prosecution and defense attorneys make final arguments to the Judge or the jury. The Judge then instructs the jury on the applicable law and their duty.

A unanimous agreement by the jury is required to find the defendant either guilty or not guilty. If the jury returns a "not guilty" verdict, it signifies their opinion that the State failed to prove the case beyond a reasonable doubt, leading to the defendant's release. The State cannot appeal the jury's decision, and the matter cannot be retried. On the other hand, if the jury delivers a "guilty" verdict, the Judge either proceeds immediately to sentencing or schedules a later sentencing date. In the event of a hung jury, where unanimous agreement cannot be reached, the Judge declares it, and the State may request a retrial within 60 days.

In the aftermath of a guilty verdict, the sentencing process unfolds through a dedicated hearing where the judge assesses various factors, including the misdemeanor's nature, the defendant's criminal history, and any mitigating or aggravating circumstances. This deliberation informs the determination of an appropriate penalty, which could involve fines, probation, community service, counseling, or restitution. Jail time, if mandated, is typically served in a local facility. The length of imprisonment varies based on the offense's severity and other pertinent considerations. Upon completion of the prescribed terms, the individual is considered to have fulfilled their sentence. It's worth noting that sentencing practices can differ by jurisdiction, with judges exercising discretion within legal parameters to tailor penalties to the specifics of each case.

Credit for this script:
Author: Felix Martinez
Attorney that checked for correct information and to make sure there was no legal advice given:
Gordon Thompson