 Pima County Superior Courtroom |
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The Criminal Justice Process |
~ The greatest dangers
to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding. ~ -- Louis Brandeis |
Arrest and Initial Appearance
Within 24 hours of an arrest, a person accused of committing a crime must be taken before a magistrate (City Court Judge or Justice of the Peace). This is called an Initial Appearance. The purpose of this hearing is to establish conditions of release, inform the accused of the charges, and appoint counsel if necessary. Depending on the type and severity of the crime, the Magistrate will decide if the person should be held in jail, released after posting a cash or bail bond or released on their own recognizance or promise to appear. Sometimes accused persons are released to third parties or Pretrial Services for pretrial supervision.
Determination of Probable Cause
After the accused person has had an initial appearance and conditions of release have been established, a hearing or meeting is scheduled to determine if there is sufficient evidence (probable cause to justify a trial. Probable cause can be determined in two ways, either by Preliminary Hearing or by Indictment by the Grand Jury. Preliminary hearings rarely occur in Pima County; scheduled Preliminary Hearings are often vacated when a Grand Jury indictment is returned before the hearing date.
Preliminary Hearing
A Preliminary Hearing is heard by either a Magistrate of a Superior Court judge sitting as a Magistrate for purposes of the Preliminary Hearing. Evidence is presented as to the probability that a crime was committed and whether it was probably committed by the person accused.
If the Magistrate determines probable cause, the accused is bound over and held to answer the charges in Superior Court and an "information" or charging document is filed in the Superior Court. If no probable cause is determined, the charges are dismissed and the person is released. Arizona rules require that a person accused of committing a crime must have a preliminary hearing within 10 days if he is in custody, or within 20 days if he is released, unless the Grand Jury makes an earlier determination of probable cause.
Grand Jury Proceedings
The Grand Jury is composed of sixteen people taken from the regular juror pool. Instead of being impaneled to sit for a trial, they are given the responsibility of determining probable cause on felony charges. Grand Jurors are impaneled for 120 days and meet twice a week to hear cases. Facts of the case are presented to the panel by a Deputy County Attorney, police officers, and witnesses.
After hearing the evidence, they meet in the absence of the officers, attorneys, and witnesses, and if they decide there is probable cause, a "True Bill" or Indictment (charging document) is returned. If the Grand Jury determines there is not enough evidence, a "No Bill" is returned. The case can be re-presented to the Grand Jury at any time.
When the Grand Jury is finished hearing cases for one day, they appear before a Superior Court Judge who will hear each case read by the Grand Jury foreperson who indicates if the case was "True Billed." The Judge will give the case a Superior Court case number and assign it to a division. At this point, the Superior Court has jurisdiction, and either a Notice of Supervening Indictment, Summons, or Warrant is issued to cause the accused to appear for Arraignment. Appointed Lawyers are appointed from three (3) sources in Pima County: the Public Defender's Office; the Legal Defender's Office; and the Office of Court Appointed Counsel. These appointments are made at the initial court appearance of the person accused, either within 24 hours of arrest or upon appearance in court on a summons. Attorney fees may be assessed by the Court to offset the cost of the defense.
Arraignment
An accused's first appearance in Superior Court is called an Arraignment. At this hearing a plea of not guilty is entered to all charges contained in the Indictment and a denial as to any allegations that may have been attached.
The person accused is notified of the next court appearance date (Case Management Conference), the division the case has been assigned to, and is warned that failure to appear at future hearings could result in a warrant being issued and the proceedings occurring in the absence of the person accused.
Adult Diversion
If an accused person has no previous criminal record and the charges pending are non-violent and non-drug related, the person may be considered for the Pima County Adult Diversion Program. This program helps rehabilitate offenders by counseling, education, restitution, and community service.
Usually a person cannot enter the program without the approval of the arresting officer and the victim. If accepted into the program, the accused enters a plea of guilty but sentencing is suspended. The person will be required to pay restitution to the victim.
If an accused person successfully completes a one to two year program, the charges may be dismissed. If at any time during the course of the program the accused violates the rules of the program or the law, prosecution will resume and sentencing will occur.
Drug Court
Persons recently arrested for charges involving the unlawful possession or sale of illegal, narcotic, or prescription drugs may be eligible to participate in the Pima County Drug Court Program. This is a voluntary, supervised treatment program which is intended to assist those persons in eliminating the use of illegal drugs and alcohol. The program can be successfully completed in one year.
The decision to participate in this program must be made within two weeks of the person's arrest. A screening is conducted by the Pima County Attorney's Office and persons accepted into the Drug Court Program who are interested in considering Drug Court as an available option will make an appointment with their Public Defender Attorney to discuss their options.
Case Management Conference
Fifty (50) days after arraignment, a Case Management Conference will be held. At this conference the Court will explore the possibility of a non-trial disposition, and may, at the request of the attorney of the person accused, participate in settlement negotiations. Guilty plea hearings are often scheduled at this time. If the case cannot be resolved without a trial, the Court will set a Pretrial Conference and order a Joint Pretrial Statement to be filed.
Pretrial Conference
A Pretrial Conference is generally held thirty (30) days after the Case Management Conference. All attorneys are required to meet and jointly file a Joint Pretrial Statement with the Court setting forth all anticipated witnesses, defenses and motions and any issues which remain in dispute. This statement must be signed by the prosecutor and defense attorneys and filed no later than four (4) days before the conference.
Trial Confirmation Conference
A Trial Confirmation Conference (TCC) is held each Friday at 10:30 am. This conference is designed to prioritize cases set for trial during the week beginning on the Monday one week from the Monday following the conference. The hope is that this process will reduce the number of "on call" cases each week, thereby introducing more certainty into trial dates. The judge conducting the TCC will rotate every month among the judges on the criminal bench.
Trials
In most criminal cases the Defense Attorney and the Deputy County Attorney will negotiate a Plea Agreement in which the accused person will plead to all, or some, of the original charges, or to lesser charges agreeable to the parties involved.
If no plea agreement is reached, the case will proceed to trial. If there is a trial, then victims, witnesses, law enforcement officers, and expert witnesses can be subpoenaed (summoned) to testify before the judge, or a jury, who will decide the accused person's guilt or innocence.
Sentencing
If there is a finding of guilty (by plea or by trial), the Court will set a time for sentencing. Generally, the date will be within four (4) weeks for those in custody, and five (5) to six (6) weeks for those out of custody. If there is a reasonable possibility the person accused will receive prison time, the State may request that the Court order the accused be taken into custody after either a guilty plea or a finding of guilt at trial.
The Court will order the preparation of a pre-sentence report by the Adult Probation Department. The report provides information concerning the offense, and the accused's criminal, social, educational, employment, and mental health history. The report will also provide statements from the person accused and victim(s), and an evaluation by the investigating officer.
Either party may request a hearing to present aggravating or mitigating factors before sentencing. Additionally, the accused, the victim, and other interested parties may submit letters for the Court's consideration prior to sentencing.
Probation
If probation is granted, it may occur under various levels of supervision. The most common level of supervision requires the person accused to report in person as directed, file monthly written reports, make monthly payments of fines and fees, participate in counseling as directed, maintain employment, and not violate any state, federal, or local laws.
Additionally, the conditions may include requirements for community service, educational programs, mental health counseling, alcohol abstinence and/or ant abuse, electronic monitoring, jail, and other conditions that are deemed appropriate.
An individual requiring a greater level of supervision may be placed on "Direct" (a more structured program for individuals with substance abuse problems), or "Intensive" Probation Supervision, the most restrictive supervision during which the person is required to maintain full-time employment, perform 40 hours of community service per month, and remain at his/her residence unless authorized to leave by the probation officer. Specialized caseloads also provide greater levels of supervision and focus on addressing the needs of the sex offender, seriously mentally ill, special learning population, and drug offenders