Court Procedures

Hello and welcome to YourBestLawyer.com. In this video, we will provide you with a comprehensive overview of the standard court procedures related to felony court cases. It is important to note that, to ensure accuracy and relevance, all the information presented in this video has been gathered from the Maricopa County Superior Court Website, with a few modifications made for improved clarity. We will cover practical steps, guiding you through the entire process from the commencement of the criminal case to the sentencing phase.

When a crime is reported, a patrol officer is dispatched to the location for investigation. Upon arrival, the officer's first priority is to provide assistance to anyone requiring medical attention. Subsequently, the patrol officer conducts interviews with the victim(s) and any potential witnesses, compiling a comprehensive report detailing the incident.

In certain situations, Police Detectives and crime scene investigators may be called in to capture specialized photographs of the scene or the victim, document potential fingerprints, and gather additional evidence. In cases involving serious felonies such as homicides or significant vehicular collisions resulting in injuries or death, a Deputy County Attorney may join the investigation at the crime scene to address legal aspects.

If law enforcement establishes that a suspect has been identified and there is adequate evidence indicating their involvement in the crime (referred to as "probable cause"), immediate arrest of the suspect may take place.

If suspects are not apprehended at the scene, the incident report generated by the patrol officer is typically forwarded to detectives within the law enforcement agency to undergo a more in-depth investigation. Detectives in this phase may engage with witnesses to collect formal statements, acquire supplementary physical evidence, and gather detailed descriptions of suspects or any stolen property involved in the incident. Upon the conclusion of their investigative efforts, law enforcement officers have the option to either make an arrest if they determine there is ample probable cause or submit the findings to the County Attorney's Office for evaluation by a prosecutor.

When a prosecutor reviews the law enforcement agency's report, there are several possible outcomes. If the prosecutor determines that the report lacks enough evidence to justify filing criminal charges, they may send the report back to the submitting agency for additional investigation, choose not to pursue prosecution (referred to as "not filing" or “scratch”), or refer the case to another prosecutorial agency in a different jurisdiction for further examination.

On the other hand, if the prosecutor believes that the report contains sufficient evidence indicating the alleged offender's involvement in a crime and that there is a reasonable chance of securing a conviction at trial, the prosecutor will take the step of filing formal criminal charges. This can be done through the submission of a direct complaint and/or by seeking a Grand Jury indictment, both of which represent an official initiation of the criminal charging process.

A direct complaint serves as a formal document crafted by the prosecutor, delineating the specific felony offense or offenses that the defendant is accused of committing. This crucial legal instrument undergoes scrutiny by a judge, who assesses the presented evidence to ascertain its sufficiency. If deemed substantial, the judge proceeds to sign the complaint, initiating the issuance of a summons. This summons compels the alleged offender to attend a preliminary hearing, where they are formally apprised of the charges brought against them. In cases where there's reason to suspect the defendant might not willingly appear in court, the judge may opt to issue an arrest warrant.

The Initial Appearance (IA) is a crucial legal milestone that occurs within 24 hours of a suspect's arrest, whether it happens at the crime scene or is facilitated by an arrest warrant. During this process, the suspect, now officially termed a defendant, is taken to jail and processed, a procedure known as "booking," which essentially registers them in the criminal justice system as having committed a specific offense. Notably, even suspects who receive a Grand Jury summons are mandated to participate in an initial appearance.

At the IA, the defendant makes their first appearance before a Judge or Commissioner, and several key events transpire:

1. Informing the Defendant: The primary purpose is to formally inform the defendant of the felony allegations against them. This marks the initiation of the legal proceedings and ensures that the defendant is aware of the charges brought forth.
2. Advising on Legal Representation: The defendant is explicitly advised of their right to an attorney. If the court determines that the individual cannot afford legal representation, a public defender is appointed to ensure their right to a fair trial is upheld.
3. Establishing Release Conditions: The conditions of the defendant's release are established. Depending on the nature of the charges and the individual's circumstances, defendants accused of less serious or non-violent crimes, or those with strong community ties, may be released on their own recognizance (OR). This entails a personal commitment to return to court as required. On the other hand, defendants facing serious charges, or those with criminal records or a history of non-compliance with court appearances, may be either held in jail or released after posting a secured or cash bond.
4. Setting Future Court Dates: The court sets a date for a status conference and a preliminary hearing. This establishes a framework for the progression of the case, outlining when subsequent legal proceedings will take place.

It's noteworthy that defendants held in custody without bond may be released after 48 hours if the County Attorney has not filed charges in a direct complaint. This provision ensures that individuals are not held indefinitely without formal charges being brought against them, aligning with principles of due process in the legal system. The Initial Appearance, therefore, serves as a crucial step in the judicial process, balancing the rights of the accused with the need for an orderly and fair legal proceeding.

Alternatively, the legal process may take a different route through a Grand Jury indictment, sometimes chosen in lieu of or in addition to a direct complaint. Here, a prosecutor methodically presents evidence to a Grand Jury consisting of at least nine randomly selected citizens. The Grand Jury diligently evaluates the evidence and determines whether it is substantial enough to warrant a trial on specific charges. If so, the jurors issue what is known as an indictment, colloquially referred to as a "true bill." This formalizes the Grand Jury's findings, essentially charging the suspect with the specified offenses.

It's noteworthy that the Grand Jury holds significant agency in this process. They may decide to issue an indictment suggesting charges different from those initially recommended by the prosecutor. Conversely, they might find the evidence insufficient to support any charges at all. In the event of an indictment, a judge may respond by issuing either a summons for the defendant to appear in court or an arrest warrant, empowering law enforcement agencies to apprehend the accused party. This intricate legal dance underscores the dual roles of the prosecutor and the Grand Jury in initiating criminal proceedings and ensuring due process.

A status conference marks the initial opportunity for both the defendant and the prosecutor to potentially resolve a case before it proceeds to trial. During this stage, the State endeavors to negotiate a plea agreement with the defendant's attorney. This negotiation may involve a reduction, known as a "deviation," from the typical sentence associated with the alleged offense. Should the parties reach an agreement, the case advances to the sentencing phase. In the absence of an agreement, the case moves forward to the scheduled preliminary hearing. Importantly, both the status conference and the preliminary hearing are canceled or "vacated" if formal charges are filed against the defendant through the acquisition of a Grand Jury indictment by the County Attorney's Office.

In instances where felony charges are initiated via a direct complaint, a preliminary hearing is convened to assess whether there is sufficient evidence for the defendant to face trial on the alleged charges. During this hearing, the prosecutor presents evidence to a judge, aiming to establish "probable cause," which essentially means that a reasonable person could conclude the accused individual committed the crime. Subsequent to the hearing, the judge can either find probable cause, leading to the defendant standing trial, or dismiss the case due to a lack of probable cause. Occasionally, a prosecutor may secure a Grand Jury indictment before the preliminary hearing, in which case the Grand Jury's finding of probable cause renders the preliminary hearing unnecessary.

An arraignment takes place within ten days of filing an indictment or direct complaint, unless the defendant hasn't been arrested or has negotiated a plea agreement during the status conference. During the arraignment, several crucial steps occur:

• The defendant is informed of the precise charge(s) against them.
• The defendant is advised to have legal representation, with the provision that one will be provided at public expense if they cannot afford an attorney.
• The defendant is asked to enter a plea to the charge(s).
• A pretrial conference and trial date are established.

Defendants are entitled to a speedy trial, and the specific timelines vary based on whether they are in custody or released. If the defendant contests the charges presented at the preliminary hearing, it's referred to as a not guilty arraignment. If the defendant intends to plead guilty, the preliminary hearing is bypassed, and a guilty arraignment is scheduled in Superior Court. The defendant can either plead "straight to the charges" or enter into a plea agreement, with the court setting a sentencing date upon accepting the plea.

In cases where a defendant not in custody fails to appear at any court hearing, the court has the authority to issue a bench warrant for the defendant's arrest.

After the arraignment and preceding a trial, a series of crucial activities take place in preparation for the legal proceedings.

• Initial Pretrial Conference (IPTC):
  • Defendants who plead not guilty undergo an Initial Pretrial Conference (IPTC).
  • During the IPTC, a hearing before a Commissioner takes place to narrow down the contentious issues in the case and explore potential resolutions before the trial date.
  • The IPTC is typically scheduled within 45 days after the arraignment.
• Discovery:
  • According to the Arizona Rules of Criminal Procedure, both the prosecution and defense must disclose information intended for presentation at trial, encompassing physical evidence, police reports, and a list of witnesses.
  • This process, known as discovery, undergoes review in one or more pretrial status conferences before the Judge.
  • Attorneys are also granted the opportunity to interview potential witnesses during the discovery phase.
• Settlement Conference:
  • In certain cases, the trial Judge may direct the involved parties to meet with another Judge to discuss potential resolutions before resorting to a trial.
  • During the conference, viewpoints are exchanged, and the Court may propose ideas to facilitate a resolution.
  • The victim has the right to be present and express their views when the defendant is in attendance. The trial Judge's participation in such discussions requires the consent of both parties.
• Motion to Continue Panel:
  • When attorneys file a motion to continue or postpone a trial by more than five business days, a panel of Judges convenes to decide whether sufficient reasons justify the trial delay.
  • The regularly assigned trial Judge handles motions to continue of five days or less.
  • The panel's review of "motions to continue" aims to streamline the process and save time before the trial.
• Final Trial Management Conferences (FTMC):
  • Typically held seven days before the scheduled trial date, the FTMC addresses the trial schedule and resolves any remaining issues in the case.
  • All cases undergo an FTMC before a jury is ordered.
• Rule 11 Hearing & Evaluation:
  • If there's a concern about a defendant's competency to stand trial, a prosecutor, Judge, or defense attorney may request a Rule 11 evaluation, a psychiatric assessment of the defendant.
  • The Rule 11 process involves at least a month, followed by a hearing where the Judge reviews evidence from mental health specialists to determine the defendant's competency.
  • If the defendant is found competent, the case proceeds; if incompetent, a second evaluation explores the potential for restoration through mental health treatment.
  • Competency restoration may temporarily pause the criminal case while the defendant undergoes mental health treatment.
  • Even if found competent, the defendant retains the right to raise an insanity defense during the trial.

During various stages of the legal process, the defendant may opt to change their plea, either admitting guilt to the original charges or agreeing to lesser charges. In the course of negotiating a plea agreement with the Deputy County Attorney or Attorney General overseeing the case, the defense attorney might pursue specific outcomes. These could include the dismissal of certain charges, a commitment from the Deputy County Attorney or Attorney General not to file additional charges, or an agreement to recommend a particular sentence. Importantly, efforts are made to involve the victim in discussions about any potential plea agreement.

Should an agreement be reached, all parties, including the attorneys and the defendant, appear before a Judge for a Change of Plea Hearing. During this hearing, the defendant formally enters a guilty plea as agreed and signs a document acknowledging the relinquishment of various rights, such as the right to a trial and the right to cross-examine witnesses. Victims have the right to be present and express their opinions about the plea agreement. The Judge has the authority to either accept the plea, enter a finding of guilt against the defendant, and proceed to sentencing, or reject the plea agreement and set the case for trial.

If a plea agreement is not reached, the case proceeds to trial. All involved parties, including witnesses for both the prosecution and defense, are summoned in advance to testify. Victims retain the right to be present throughout the trial.

Once a jury is selected and sworn in, the prosecution and defense present opening statements to the jury, outlining their respective cases. The Deputy County Attorney or Attorney General, representing the State, then presents evidence to prove "beyond a reasonable doubt" that the defendant committed the alleged crime. Witnesses testify under oath and are subject to cross-examination by the defense. To prevent potential influence, witnesses are excluded from the courtroom until their testimony is completed.

Following the prosecution's case, the defense has an opportunity to present its evidence. The defendant may or may not testify based on legal advice. Defense witnesses are also subject to cross-examination by the prosecutor. Rebuttal witnesses may be called by the prosecutor to counter statements presented by the defense.

At the trial's conclusion, attorneys for both sides make final arguments to the Judge or the jury. The Judge instructs the jury on applicable laws and their duty. A unanimous decision by the jury is required to find the defendant guilty or not guilty. A "not guilty" verdict implies the State failed to prove the case beyond a reasonable doubt, resulting in the defendant's release. The State cannot appeal this verdict, and the case cannot be retried. A "guilty" verdict prompts the Judge to set a sentencing date. If the jury cannot reach a unanimous decision, it is declared a "hung" jury, and the State may request a retrial within 60 days.

For defendants who plead guilty or are found guilty, a sentencing date is set by the Judge. In felony cases, sentencing typically occurs approximately 30 days after the change of plea or guilty verdict. Before sentencing, the court requests a Pre-Sentence Report from the Maricopa County Probation Department, specifically for felony cases.

The Pre-Sentence Report delves into the circumstances of the offenses, the defendant's life, and criminal history, recommending a specific sentence. The Probation Officer may contact victims, who can submit written statements to the Judge through the Probation Officer. These statements may include requests for restitution to compensate for monetary losses suffered by the victim. In situations where either the Deputy County Attorney or the defense attorney strongly disagrees with the recommended sentence, relevant testimony may be heard at a special sentencing hearing. Victims also have the opportunity to address the Judge during the sentencing.

Arizona law mandates that the Judge orders the defendant to pay restitution if the victim has suffered a monetary loss directly related to the crime. Importantly, restitution is not intended to compensate for pain and suffering in criminal cases. Whether the defendant is placed on probation or sentenced to the Arizona Department of Corrections, restitution payments are required. These payments are made to the Clerk of the Court, who then forwards them to the victim.

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
• Other information obtained from: https://www.maricopacountyattorney.org/189/Adult-Criminal-Trial-Process