Arizona Misdemeanor Court Process

Misdemeanor cases in Arizona are usually handled in justice courts or municipal courts. Just in Maricopa County there are over 30 different courts that have jurisdiction over misdemeanor cases. While the courts generally all follow the same procedures, the names of the hearing and the rules may vary from court to court. Typically the following hearings apply to misdemeanor cases:

Arraignment

Usually the very first hearing in a misdemeanor case is the arraignment. The purpose of the arraignment is to advise the defendant of the charges, allow the defendant to enter a plea (guilty or not guilty) and set release conditions.

If a criminal defense attorney is retained prior to the arraignment, the criminal defense attorney can file a notice with the court waiving the arraignment. If the arraignment is waived, a not guilty plea is entered for the defendant without the defendant or the attorney having to go to the court. The next court date is mailed to the criminal defense attorney.

Pre-Trial Conference

The purpose of the pre-trial conference is for the criminal defense attorney to meet with the prosecutor and discuss the details of the case, and then advise the court as to the status of the case. If you have private counsel, your attorney will be conducting an independent investigation of the case and will use the pre-trial conferences as a way to demand disclosure of items that the prosecutor has not properly turned over.

Many courts do not require the defendant to appear at the pre-trial conferences if he is represented by private counsel. In a misdemeanor case, there can be as many as three pre-trial conferences before the case is set to trial.

Richelsoph Law Office conducts a complete independent investigation of the case and will use the pre-trial conferences as a way to demand disclosure of items that the prosecutor has not properly turned over.

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 oral arguments by the prosecutor and criminal defense attorney 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 a week prior to the trial date. At this time, the criminal defense attorney and the prosecutor can discuss any last minute issues with the judge.

Trial

In Arizona, a person accused of a misdemeanor offense will be tried one of two ways depending on the nature of the offense.

Bench Trial

Most misdemeanor cases are tried to a judge. In a bench trial, the judge decides legal and factual issues.

Jury Trial

In Arizona, some misdemeanor cases are entitled to a trial by a jury of six people. During a jury trial, the judge makes decisions 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. 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 the judge declares a mistrial, the case will be reset for a new trial.

Sentencing

If a person accused of a misdemeanor is found guilty at trial, or if there is a negotiated resolution involving a plea of guilty, a sentencing hearing will be held. The sentencing hearing is often done the same day as the finding of guilt. 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.