Bold labels are required.
Our Criminal Defense Attorneys Explain the Process of Criminal Cases in Arizona.
Our criminal defense attorneys in Phoenix, Arizona at Kanu & Associates, P.C. understand that the criminal process can be very confusing and scary for those involved. Here, we attempt to explain some of the basics of the criminal process.
It is important to remember that each case is unique and that this page contains only general outline of information. To discuss your specific case, please contact our criminal defense attorneys at the Phoenix firm of Kanu & Associates, P.C. We can help you.
- Commission of the Crime
- Pre-Arrest Investigations
- Arrest
- Booking
- Filing the Complaint
- Arraignment / First Appearance
- Preliminary Hearing
- Filing of the Information or Indictment
- Arraignment on the Complaint or Indictment
- Pre-Trial Conference
- Trial
- Sentencing
1. Commission of the Crime
There are two types of crimes, felonies and misdemeanors. Our criminal defense attorneys in Phoenix have extensive experience handling both felony and misdemeanor crimes. Contact us to discuss representation.
A felony is a crime punishable by one year or more in State Prison. Felony cases begin in lower courts and then can be bound over to Superior Court if the judge determines that probable cause exists that the defendant being accused has committed the crime in question.
A misdemeanor is a crime punishable by up to a year in county jail. Misdemeanors are usually handled in lower courts and never go to Superior Court.
2. Pre-Arrest Investigations
The pre-arrest investigation stage of the process is the best time to hire our criminal defense attorneys in Phoenix, Arizona to take control and defend the case. Pre-Arrest investigations are done after the defendant has been contacted by a law enforcement agency but before charges have been filed. At this point in the process, the defendant has not been arrested.
During this stage, our criminal defense attorneys can attempt to do the following:
- Prevent filing of charges
- Reduce charges.
- Assist with surrender and avoid arrest.
- Divert allegations into an informal resolution.
3. Arrest
If a mistake is made during an arrest, our criminal defense attorneys with Kanu & Associates, P.C. in Phoenix, serving Tucson, Mesa, Scottsdale, and other Arizona communities may be able to use the mistake to your advantage. Contact us to discuss your case.
To make a felony arrest, police must have probable cause, which may be conceptualized as a "good reason" to arrest. For a misdemeanor, the police can only make an arrest for crimes that occurred in the presence of the arresting officer or with a warrant.
Although police are not required to read Miranda Warnings to everyone that is arrested, failure to do so may be grounds to suppress certain statements or confessions.
4. Booking
All felony defendants and most misdemeanor defendants will be required to go to the police station for booking. If our criminal defense attorneys are called I time, an attorney can meet you at the police station. When a suspect is booked the following occurs:
- The suspect is taken to the law enforcement station.
- The suspect is asked a series of routine questions.
- The suspect is lawfully searched with or without consent.
- The suspect is fingerprinted and photographed.
If you're interested in getting booking information on a particular defendant, you can call the jail or prison hotline for booking information. You will need the inmate's booking number or their date of birth and full name. The jail or prison will release information on the charges, the court date, the arresting agency and the bail amount.
5. Filing the Complaint
The prosecuting attorney files a document called a complain with the court. The complaint describes the charges that are being filed against the defendant.
6. Arraignment / First Appearance
The police are permitted to hold a suspect for up to 24 hours after the arrest before seeing a judge or hearing officer at an initial appearance. The suspect may be entitled to see criminal defense attorney if he/she requests. If your loved one is in custody, contact our criminal defense attorneys in Phoenix, Arizona to discuss representation.
At the initial appearance, the defendant will be read his/her rights and the charges against him/her. Bail is set during the initial appearance. Bail is an "insurance policy" that the defendant will appear before the court again. The amount of bail is determined by the seriousness of the offense and by the Judge. Bail can be $0 if the defendant is released "on their own recognizance" (O.R.), but it can be increased if the Judge feels that the defendant will not appear in court again. If the defendant fails to appear before the court, a warrant will be issued for his/her arrest.
During a later proceeding in front of the court, the defendant's criminal defense attorneys can bring a motion to reduce bail. The judge decides whether to reduce bail and will consider the defendant's risk of flight and danger to the public. In a felony case, if the defendant's criminal defense attorneys asks for an O.R. release, the court will most likely set the matter over for another hearing and order a pre-trial services report on the defendant. This process usually takes a week.
Discovery is given to the defendant's criminal defense attorneys after arraignment. Discovery includes, but is not limited to: police reports, medical records, probation reports, photographs, diagrams and viewing of physical evidence.
Discovery in criminal cases must be reciprocal, which means that the prosecution must provide the defendant's criminal defense attorneys with the evidence they are using in the case. Neither the prosecution nor the defense may "hide" evidence and later introduce it during the trial.
7. Preliminary Hearing
Preliminary hearings only occur in felony offenses. In most states, a preliminary hearing is necessary for the Judge to determine whether or not there is sufficient evidence or probable cause to support the charges against a defendant and bind the case over to Superior Court for trial.
Preliminary hearings can be waived for strategy reasons. Our criminal defense attorneys in Phoenix, Arizona will discuss with you whether or not it's to your advantage to waive the preliminary hearing.
8. Filing of the Information or Indictment
If the prosecuting attorney believes there is enough evidence, he/she will file a document with the Superior Court which notifies that the State is "charging" the defendant with a particular crime.
9. Arraignment on the Complaint or Indictment
Our criminal defense attorneys with the Phoenix firm of Kanu & Associates, P.C. will accompany you to your arraignment. During the arraignment, the defendant is taken before the Superior Court and informed of the charges. At that time, the defendant will answer to the charges by pleading not guilty, guilty or no contest. At the Superior Court arraignment, the amount of bail may be reviewed, which may be increased or decreased at the court's discretion.
10. Pre-Trial Conference
At the pre-trial conference, the criminal defense attorneys negotiate with the prosecuting attorneys in order to obtain the best possible "deal" or plea for their client.
A "deal" might include:
- The prosecution charges the defendant with a lesser charge
- The prosecution agrees to a lesser punishment for the same charge
- The number of counts may be dropped
- Alternative sentencing
11. Trial
There are two types of trial: a bench trial in which the Judge makes determination of guilt or innocence or jury trial in which regular people in the district where case is tried or where offense was committed form members of the jury and make determination of guilt or innocence based on facts presented to them by both parties. During a jury trial and after the jury is selected, both the criminal defense attorneys and the prosecuting attorneys complete the following process:
- Opening statements
- Direct examinations of their witnesses
- Cross examinations of the opposing witnesses
- Closing arguments
At the deliberation of the case, the jury decides the guilt or innocence of the defendant, but the judge will determine the appropriate sentence if the defendant is found guilty.
12. Sentencing
Sentencing is a court hearing where the judge actually determines punishment to the defendant after the court has made an entry of guilt. There is often great flexibility at this stage of the process as the defendant's background, criminal and family history etc are taken into account. The defendant is also allowed to have an input in his sentencing by making statements and/or having others make statements about him/her. Our experienced criminal defense attorneys serving Phoenix, Mesa, Scottsdale, and other areas of Arizona can help you make the most out of your situation even if we did not represent you earlier.
A defendant may be sentenced to probation instead of prison/jail. Sometimes, he/she may be ordered to do some local custody time as a term of his/her probation. If a defendant violates the probation, he/she may be incarcerated.
If probation is not granted, there is usually a range of three jail/prison terms in each crime. These prison sentences are called minimum presumptive, and maximum terms. Criminal defense attorneys argue about the proper prison term based on the facts of the particular case. The final word is within the judge's broad discretion.
Some alternatives to jail that our criminal defense attorneys serving the Phoenix area might negotiate are:
- Detox Programs
- Electronic Home Monitoring
- Residential Treatment Centers
- Counseling
- Weekend Work Program
- Community Services
CAUTION: All legal matters have their own specific factual and legal circumstances that highly influence the result in each case. The same results will not necessarily be obtained in similar cases.
*DISCLAIMER
The criminal process may vary slightly depending on your charge and jurisdiction. Please ask your lawyer to thoroughly explain the process.
