Today, we’ll be providing an overview of the criminal justice process in Arizona, from arrest to trial. Understanding this process can be crucial when navigating the criminal justice system.
1. Arrest
A criminal case typically begins with an arrest. The police may arrest an individual if they have a reasonable belief, or probable cause, that the person committed a crime. Following the arrest, the individual is taken into custody and transported to a detention facility.
2. Booking
Once at the detention facility, the individual goes through the booking process. This involves recording the individual’s personal information, details of the alleged crime, taking fingerprints and photographs, and possibly confiscating personal belongings.
3. Initial Appearance
Within 24 hours of arrest, the individual will have an initial appearance before a judge. The judge will inform the individual of the charges, determine if there’s probable cause for the arrest, consider whether to set bail or other release conditions, and provide the date for the next court appearance.
4. Charges and Indictment
Following the initial arrest and booking, a prosecutor reviews the case to decide whether to file charges. In felony cases, these charges can be filed in one of two ways: through a preliminary hearing or a grand jury indictment.
- Preliminary Hearing
- A preliminary hearing, also known as a probable cause hearing, is an initial court proceeding. It occurs before a judge, where the prosecution presents evidence to establish that there’s probable cause to believe a crime was committed and that the defendant committed it.
- The defendant has the right to be present at a preliminary hearing, represented by an attorney. They can cross-examine witnesses, challenge the prosecution’s evidence, and present their own evidence. However, because the burden of proof is lower than at a trial, it’s relatively common for the case to proceed beyond this stage. If the judge concludes that there is probable cause, the case moves forward to an arraignment.
- Grand Jury
- A grand jury, on the other hand, is a group of citizens called to review evidence and determine whether there’s probable cause for a felony charge. In Arizona, a grand jury consists of up to 16 members. The grand jury process is more secretive than a preliminary hearing. The proceedings are closed to the public, and while the prosecutor presents evidence, neither the defendant nor their attorney is present.
- The grand jury’s role is to weigh the evidence and decide if there’s enough evidence to indict the defendant – that is, to formally charge them with a crime. If the grand jury decides that there is enough evidence, it will issue an indictment.
The choice between using a preliminary hearing or a grand jury often depends on various factors, including the nature of the charges, the available evidence, and strategic considerations. While a preliminary hearing allows for public scrutiny and an opportunity for the defense to challenge the evidence early on, a grand jury proceeding may be preferable to the prosecution if they wish to maintain secrecy or avoid early cross-examination of their witnesses.
5. Arraignment
Once charges are filed, the individual (now referred to as the defendant) will be arraigned. At the arraignment, the judge formally reads the charges, and the defendant enters a plea: guilty, not guilty, or no contest.
6. Pretrial Proceedings
Pretrial proceedings may involve various hearings and motions. The defense and prosecution may argue motions to suppress evidence, dismiss charges, or change the venue. They’ll also engage in discovery, where they exchange information about the evidence and witnesses they plan to present.
7. Trial
If the case is not resolved through a plea bargain or dismissal, it will proceed to trial. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If the jury finds the defendant not guilty, the case ends, and the defendant is released. If the defendant is found guilty, the case proceeds to sentencing.
8. Sentencing
During sentencing, the judge determines the appropriate punishment, which could include imprisonment, fines, probation, community service, or other penalties consistent with Arizona law.
Conclusion
This blog provides a broad overview of the process of a criminal case in Arizona. However, every case is unique, and the process can be complicated. It is essential to have the guidance of an experienced attorney to navigate the system effectively.
