If you are being prosecuted for a crime, you might need clarification on what to anticipate during the upcoming court proceedings. Understanding each stage of the process in advance will help you navigate the Phoenix criminal justice system more successfully, even though you must obtain knowledgeable representation from a criminal defense lawyer with a proven track record of success in cases comparable to yours.
It is advised to remain silent from the arresting authorities until you have spoken with your attorney if you are facing an arrest in Phoenix for an alleged crime. Generally, when a court issues a warrant in any of the following situations, law enforcement will make an arrest:
- Based on evidence from other sources or eyewitness accounts, they have reasonable suspicion that you are guilty of a crime.
- You were seen committing a crime by an officer.
- An arrest warrant was already in effect for you.
The police will inform you that a warrant has been issued for your arrest during an arrest. When you are arrested, they usually notify you of the charges against you. The warrant need not be with the officers when they make the arrest, but if you ask them to display it, they must do so as quickly as is reasonable. At the scene or shortly before an interrogation, the cops may tell you your Miranda rights. Depending on the seriousness of the allegations and if they think you represent a risk, the police may choose to handcuff you.
Recall that you are exempt from answering any queries that might lead to your incrimination in the future. You can answer any questions you have while waiting for your criminal defense attorney in Phoenix, AZ.
The Initial Appearance
You will be held until your initial appearance, which occurs within 24 hours of the arrest, following your initial detention for fingerprints and mug photos. Now is the time to request that your criminal defense attorney be contacted. Before formally notifying you of the allegations against you, the judge will likely ask for basic information during your initial hearing, such as your name and residence. At this appearance, the following procedure usually takes place:
- If you are charged with a felony, the court will assign you an attorney if you are unable to pay for one.
- The terms of your release, such as the amount of bail and whether or not you’ll be released on your own “recognizance,” which means you have to show up on your own for your preliminary hearing, will be explained to you.
Following this appearance, formal charges are filed by the court unless the prosecutor determines there is insufficient evidence to pursue the case and closes it.
Understanding Bail in the Criminal System
A defendant posting bail must provide a certain sum of money as a form of security to ensure their appearance at the scheduled trial. By doing this, you can avoid being detained while you wait for your trial to begin. In certain situations, like when a defendant is a flight risk, a threat to the community at large, or another specific person, a prosecution may argue against granting bail. The right amount of bail is determined by a judge in each instance.
In order to uphold your right to a speedy trial and provide you enough time to prepare an adequate defense, the court must set your court date within 150 days of your release on bond or your recognizance.
The Preliminary Hearing
A judge hears the evidence against you during the preliminary hearing and determines if there is sufficient evidence to proceed with the case. As an alternative, the prosecutor could submit the case to a grand jury, which consists of nine of your peers, to assess it and decide whether there is sufficient evidence to pursue a prosecution. In the event that the case proceeds, the court schedules an arraignment. Prosecutors may hold one or more status conferences with their lawyers before the arraignment to discuss the possibility of reaching a plea agreement in exchange for a lesser sentence.
The last phase in the criminal conviction process in Phoenix is sentencing. If you are found guilty, the sentencing process occurs at a different hearing when both parties can ask for particular guidelines for your sentence. Both sides present their reasons to the judge. While your counsel advocates for the minimum penalty, the prosecution pushes for the maximum. The judge must determine sentencing within a legislatively established range.
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