20 Essential Legal Terms in Arizona Criminal Law Explained
Navigating the labyrinth of legal terminology can be daunting, especially when it comes to criminal law in Arizona. Whether you’re facing charges, know someone who is, or are just keen to be more informed, understanding these terms can demystify the process and empower you with knowledge. At Tamou Law Group, we’re committed to not only defending your rights but also ensuring you’re well-informed every step of the way. Here are 20 essential legal terms that frequently appear in Arizona’s criminal law landscape, explained for clarity and understanding.
1. Arraignment
An arraignment is the first court appearance where the defendant hears the charges and is asked to enter a plea (guilty, not guilty, or no contest). It marks the formal start of the criminal proceedings.
2. Bail
Bail is a set amount of money that acts as insurance between the court and the person in jail. Paying bail allows the accused to be released from custody while awaiting trial, with the condition that they will return for their court dates.
3. Plea Bargain
A plea bargain is an agreement between the defendant and the prosecutor, where the defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence or the dismissal of other charges.
4. Indictment
An indictment is a formal charge or accusation of a serious crime, typically brought forth by a grand jury based on presented evidence.
5. Misdemeanor
In Arizona, misdemeanors are less serious crimes compared to felonies and carry a maximum jail time of 6 months (ARS 13-707). Common misdemeanors include DUI, petty theft, and disorderly conduct.
6. Felony
Felonies are more serious crimes that carry severe penalties, including prison time of one year or more. Examples include murder, rape, and burglary. Arizona classifies felonies from Class 1 (most serious) to Class 6 (least serious) under ARS 13-701.
7. Probation
Probation is a court-ordered period of supervision over an offender, often instead of serving time in prison. Terms of probation can include meeting with a probation officer, maintaining employment, and avoiding further legal trouble.
8. Parole
Parole is the early release of a prisoner who agrees to abide by certain conditions set by the parole board. It’s part of the reintegration process, allowing the individual to serve the remainder of their sentence under supervision in the community.
9. Expungement
In Arizona, expungement (often referred to as “setting aside” a conviction under ARS 13-905) is the process of sealing or erasing a criminal record from public view, typically after the completion of the sentence and fulfilling certain criteria.
10. Restitution
Restitution is a court-ordered payment by the defendant to the victim for damage or loss caused by the crime. It’s intended to compensate for financial losses directly related to the offense.
11. Subpoena
A subpoena is a legal document ordering someone to attend court or produce documents. Failure to comply with a subpoena can result in penalties, including fines and jail time.
12. Warrant
A warrant is a legal document issued by a judge or magistrate that authorizes the police to take certain actions, such as conducting a search or making an arrest.
13. Aggravating and Mitigating Factors
These are circumstances that can affect the severity of a sentence. Aggravating factors, such as prior convictions or the use of a weapon, can increase the severity, while mitigating factors, such as lack of prior criminal history or evidence of remorse, can lessen it.
14. Appeal
An appeal is a request made to a higher court to review and change the decision of a lower court. The appellant believes that a legal error occurred that affected the verdict or the sentence.
15. Capital Punishment
Capital punishment, or the death penalty, is a legal penalty under Arizona law (ARS 13-751) for certain serious crimes, most notably first-degree murder with aggravating factors.
16. Double Jeopardy
Protected under the Fifth Amendment, double jeopardy prohibits an individual from being tried twice for the same offense, ensuring that once acquitted or convicted, a person cannot face trial again for the same crime.
17. Habeas Corpus
Latin for “you shall have the body,” habeas corpus is a legal action or writ by which individuals can seek relief from unlawful detention. It serves to protect against arbitrary arrest and detention.
18. Juvenile Delinquency
Juvenile delinquency refers to legal violations committed by minors. Arizona’s juvenile justice system focuses on rehabilitation rather than punishment, aiming to integrate minors back into society as law-abiding citizens.
19. Voir Dire
Voir dire is the jury selection process, where attorneys for both sides question potential jurors to determine any biases or preconceptions that could affect their impartiality in the case.
20. Ex Parte
An ex parte proceeding is one conducted for the benefit of only one party. For example, an ex parte order of protection can be issued without the accused being present or having prior knowledge.
Conclusion
Understanding these terms can shed light on the complex processes of Arizona’s criminal justice system. If you or a loved one are navigating through this challenging time, it’s crucial to have a knowledgeable and experienced legal team by your side. Tamou Law Group is here to provide the guidance and representation you need. Contact us at 623-321-4699 for a consultation and let us help you through this process with the care and experience you deserve.
