Felony Court Process
Felony cases are handled in the Superior Court. Each county has its own superior court. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary from county to county. Typically the following hearings apply to felony cases:
Grand Jury Indictment
Felony criminal charges require a finding of probable cause. In some cases, probable cause is found by a grand jury. A grand jury is a group of fifteen citizens who are presented evidence by a prosecutor. The grand jury must then decide whether or not there is probable cause of a crime by the accused. At least 9 grand jurors must find that there is probable cause. This is a secret proceeding and the defendant and the criminal defense attorney are not entitled to attend the hearing. Because of the one-sided nature of this hearing, there are special rules that require the prosecutor to make a fair presentation to the grand jury.
Initial Appearance
The initial appearance is usually the first hearing at which the accused appears in court. It is a very brief hearing. The defendant is informed of the charges against him/her and release conditions are set.
Preliminary Hearing
A preliminary hearing is an alternative to a grand jury indictment. At the preliminary hearing the prosecutor presents evidence to the judge in open court. The defendant and the criminal defense attorney are present, and the criminal defense attorney is entitled to cross-examine the state's witnesses and present defense witnesses. The judge will then determine whether or not probable cause exists. If there is no finding of probable cause, the case is dismissed.
Arraignment
The purpose of the arraignment is to advise the defendant of the charges for which probable cause were found. It is at this time that the defendant enters a plea of guilty or not guilty. When a case is charged by a grand jury, the arraignment often takes place at the same time as the initial appearance.
Pre-Trial Conference
It is during the pre-trial conference that the attorneys advise the judge of the status of the case and any outstanding issues that require resolution by the judge. In some courts, a case that is not resolved by the time of the pre-trial conference will automatically be set for trial. Just because a case is set to trial, though, does not mean it is actually going to go to trial. Usually the criminal defense attorney is still investigating the case and negotiating with the prosecution regarding resolution.
Oral Arguments and Evidentiary Hearings
If there is an issue of law that must be decided by the judge, oftentimes a hearing will be set for the judge to hear the attorneys make oral arguments regarding the issue. This is an opportunity for the judge to ask the prosecutor and the criminal defense attorney questions regarding their legal positions. It is also an opportunity for the judge to hear the testimony of witnesses which may be necessary to resolve the legal issue in question.
Pre-Trial Management Conference
If the parties are unable to negotiate a resolution of the case, then it is set for a trial. Many, but not all, courts set a pre-trial management conference approximately one week prior to the trial date. It is during the pre-trial management conference that the criminal defense attorney and the prosecutor can discuss any last minute issues with the judge.
Trial
In Arizona, a person accused of a felony is entitled to a trial by a jury of eight to twelve people depending on the severity of the offense. During a jury trial, the judge makes decision regarding legal questions, while the jury makes decisions regarding factual issues. It is the jury's responsibility to decide whether the prosecutor has proven guilt beyond a reasonable doubt.
A felony trial usually takes 3 to 5 days, although a case could take substantially longer depending on the issues and the number of witnesses. The jury's decision, whether guilty or not guilty, must be unanimous. If the jury is unable to reach a unanimous decision, then the judge will declare a mistrial. If a mistrial is declared, the case will be reset for a new trial.
Sentencing
If a person accused of a felony is found guilty by a jury, or if there is a negotiated resolution involving a plea of guilty, there will be a sentencing hearing. Usually sentencing takes place 30 to 40 days after the finding of guilt. Prior to sentencing the defendant will meet with a probation officer who will prepare a pre-sentence report for the judge. The pre-sentence report gives the judge background information about the defendant and makes a sentencing recommendation to the judge. Sentencing is an opportunity for both defense and prosecution to present to the judge what they believe to be an appropriate penalty. The judge will then make a ruling and issue a sentencing order. The judge will then make a ruling and issue a sentencing order.
