Misdemeanor vs. felony initial court dates and procedures in Arizona
In Arizona, the court follow different procedures for your initial court date depending on whether your charted with felony or a misdemeanor.
If you’re charged with a misdemeanor, you get a ticket you may not know what to expect when you appear in court on the day they’ve been ordered to do so. It’s important to understand that for virtually all misdemeanors, if an officer issues you a citation directing you to appear in court, whether it’s for DUI or reckless driving or some other misdemeanor, that the date reflected on your ticket is probably what’s called an arraignment, which is really more of a formality than anything else.
At the arraignment you will see the judge, be advised what you’re charged with, and asked to enter a plea of guilty or not guilty. If you enter a plea of not guilty, which is typically what is the appropriate thing to do at that point, then the case is set for a pretrial conference. You’ll come back to court about a month later for the pretrial conference and meet with the prosecutor at that time and have an opportunity to discuss your case. If you’re represented by an attorney prior to your arraignment date, in most cases the court will allow us to enter a not guilty plea on your behalf and have the arraignment vacated. Once that’s done, the court will set a pretrial conference and notify us in writing when your pretrial conference date is scheduled. In the interim, your attorney should be able to get your police reports from the prosecutor’s office and start working on obtaining other relevant discovery in your case.
First court date for felony cases
In contrast, felony cases are more serious than misdemeanors in many different ways, including that a felony conviction, unlike a misdemeanor, could require the imposition of a prison term, could cause someone to be prohibited from possessing a firearm, and likewise cause them to lose their civil rights. Because the stakes are so much higher when a felony is charged, the steps that are involved before charges can be brought are more complex and the hurdles are a little bit higher.
What typically happens when a person is arrested for a felony is they’re brought in front of a judge is called an initial appearance. During the initial appearance, the judge will determine release conditions, which may range from someone being released simply on their promise to come back to court, all the way to being held without bond for the entire duration of their case. Within 10 days of the initial appearance, the person is entitled by law to have a preliminary hearing. During the preliminary hearing, a judge hears evidence related to the investigation determines whether there is probable cause for the charge to move forward through the court system.
There are alternative means for the prosecutor to finalize this probable cause finding, and that’s typically done by presenting the case to a grand jury, where a probable cause can be determined by a group of grand jurors instead of a judge.
In any event, this process of determining probable cause is not something afforded when facing only a misdemeanor charge. Similar to the procedure after an arraignment in a misdemeanor case, once the probable cause determination is made in a felony case, the case will be set for a pre-trial conference and ultimately set for trial.
Anywhere along the way, the case can be resolved either through a dismissal or through a negotiated settlement with the prosecutor. If the case does go to trial and it results in a conviction, then the sentence is typically left to the judge. Although in many felony offenses, due to Arizona’s mandatory sentencing laws, a prison term may be required.
Regardless of whether you are charged with a felony or a misdemeanor in Arizona, contact us today. An experienced Arizona criminal defense attorney can help protect your rights and your freedom.
