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Understanding The Basics of Arizona Criminal Law (2014-03-31)
The criminal process in general may be overwhelming and confusing, especially for those involved. Usually the procedure varies from case to case but following are some general guidelines to understanding the basics of Arizona criminal law.
Types of Charge
There are two general types of criminal charges; misdemeanor and felony. Misdemeanor cases are handled in justice or municipal courts. The names of the hearings and rules may vary from court to court. Felony charges are handled in the superior courts of the county where the charges have been filed. The rules of the hearing may vary from court to court.
Steps in a Criminal Case
In any criminal case phoenix divorce attorney, municipal government or county that formally accuses an individual of crime is the prosecutor. The party charged with the crime is the defendant. A phoenix estate planning attorney .
1. Arrest: An arrest is made by a law enforcement official who has either witnessed a crime or has a warrant for arrest. After being arrested the person must be brought before a judge within 24 hours or must be released
2. Initial Appearance: At the initial appearance the defendant is brought before a judge who informs the defendant of the charge against him/her, his/her right to remain silent and to have an attorney. If the defendant cannot afford an attorney the judge appoints one and sets the conditions to be released from jail
3. Preliminary Hearing: A preliminary hearing is set to determine whether the charges brought up against the defendant hold true or not. If the judge finds enough evidence to believe that the defendant is probably guilty of the crime, then the case goes to the Supreme Court and an arraignment date is set
4. Arraignment: At the arraignment the defendant pleads either guilty, not guilty, or no contest. If the defendant pleads not guilty then the case goes to trial. In case of a guilty or no contest plea, the judge sets a date to sentence the defendant for the crime
5. Trial: A trial may be presented either before a jury or a judge. It begins with opening statements from both the parties, although either or both may decide not to give any opening statement as well. The trial proceeds by both the parties presenting evidence and witnesses to strengthen their claim and closing arguments ensue. The jury then proceeds to deliberate their decision and finally a verdict are presented; if found not guilty the defendant is set free immediately, if found guilty a date is set for sentencing
6. Sentencing: A sentencing hearing is set to determine the punishment for a convicted defendant. In Arizona a legislature has established a range of punishments for different crimes; the options include probation, imprisonment, fines and in some case the death penalty.
7. Appeals: A convicted defendant may appeal. All appeals are handled in the court of appeals except the death penalty which is handled in the Supreme Court .
The Phoenix Attorney Network has some of the best criminal lawyers on board that can help you fight your case. If you are charged under criminal law in the State of Arizona then contact the Phoenix Attorney network and get your Phoenix criminal lawyer to protect your rights.
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