1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 374-8747
(602) 357-8606 (espanol)
177 N. Church Ave
Suite 312
Tucson, AZ 85701
(520) 468-6668
(602) 357-8606(espanol)

Timeline of Maricopa County, AZ Criminal Cases

In Maricopa county, a criminal case can be a long process. However, when you know what to expect it is less scary. The time line of an Arizona criminal case begins with an arrest and ends with sentencing. Depending on what you were charged with, the amount of time involved and what to expect can vary. Even before you are charged there are time lines and limits on how long the state can take to prosecute you. The state of Arizona can prosecute felonies up to 7 years after an indictment or complaint is filed. Misdemeanors must be prosecuted within a year and petty offenses must be prosecuted within six months. This means if you are charged with a crime in Phoenix, and a court date is not set in that amount of time, they have lost their opportunity to prosecute.

After the state decides to prosecute for a criminal offense the next step will be time in court. Court procedures vary based on whether a charge is a felony or misdemeanor. Misdemeanor cases are handled in justice courts while felony cases are handled in superior courts. Superior courts in Maricopa county are located in Phoenix, Surprise, and Mesa, Arizona. Justice courts are located throughout Maricopa county in cities such as Chandler and Gilbert. There are also multiple justice courts in Phoenix and Mesa.

The misdemeanor court case starts with an arraignment. The arraignment is used to let a defendant know what they are being charged with and gives them an opportunity to plead guilty or not guilty. Although the arraignment is an opportunity to plead, it is not the chance to explain the circumstances. A criminal defense lawyer can be present at the arraignment or even have the arraignment waived. Following the arraignment is the pre-trial conference. The pre-trial conference is a time for the defense attorney to discuss the details of the case with the prosecutor. Many times there are multiple pre-trial conferences, but defendants do not always have to be present when there is private counsel.

Other procedures that happen before a trial are the oral arguments, evidentiary hearing, and the pre-trial management conference. Oral arguments and the evidentiary hearing is done between the lawyers and the judge. It is basically a meeting to discuss the case to the judge. The charge may be resolved at this point and if that happens the case is finished. If the trial is not resolved, the pre-trial management conference is an opportunity for both the defense attorney and prosecutor to discuss the case with the judge. The misdemeanor trial will either be a bench trial or a jury trial depending on the charge. A bench trial is determined by a judge, while a jury trial is determined by a unanimous decision of six jury members.

Once a decision is made either by a judge or jury, a separate sentencing hearing will occur. Both the prosecutor and defense attorney are present at the sentencing hearing to present their idea of an appropriate sentence for the defendant. The final decision, however, is up to the judge. Felony cases have a similar court procedure, but they also include extra pre-trial steps. Prior to an arraignment, felony criminal charges must first have a grand jury indictment. A grand jury indictment is a procedure where a jury of 15 citizens must determine if the prosecutor has probable cause for the felony charge. At least 9 of the jury members must decide that there is enough probable cause to continue. This procedure is held privately, and the defendant and/or the defense attorney is not allowed to attend.

Unlike a misdemeanor case, a felony case will begin with an initial appearance. At this court hearing, the defendant is informed of the charges and the opportunity for bail or bond is discussed. Following the initial appearance, felony cases also have a preliminary hearing. The preliminary hearing is similar to the grand jury indictment because it is a hearing to determine if there is probable cause. There is a big difference however, because this hearing is done before a judge, with witnesses, defendant and defense attorney present. The judge decides whether or not there is probable cause, and if there is not, the case is dismissed. Following the grand jury indictment, initial appearance, and preliminary hearing, all other procedures in a felony case are the same as a misdemeanor charge. A felony criminal case in Maricopa county is decided by a jury trial of 8 - 12 people. Even though the Arizona criminal process can be long, when you are aware of what is going on it is less daunting. If you are in the Tempe, Mesa, Chandler or any other part of Maricopa county area and need help navigating through the process, give our office a call today.