The Steps of a Criminal Case in Arizona
If you or a loved one has been charged with a crime in Arizona, it’s completely natural to feel overwhelmed. The criminal justice system can be intimidating, especially when you don’t know what comes next. Understanding the steps of a criminal case in Arizona can help ease that anxiety and allow you to make informed decisions alongside your defense attorney.
Whether you’re dealing with DUI charges, drug offenses, or a more serious felony, understanding the process is key.
Step 1: Arrest and Initial Appearance
A criminal case begins long before a jury ever enters the courtroom. The process usually starts with an arrest based on probable cause. After arrest, the defendant is brought before a judge for an initial appearance, which typically happens within 24 hours.
During the initial appearance:
- The judge informs the defendant of the charges.
- Bail may be set.
- A public defender may be appointed if the defendant cannot afford one.
In Arizona, this stage is governed by Rule 4.1 of the Arizona Rules of Criminal Procedure, which outlines the defendant’s rights and the timeline for bringing someone before a judge after arrest.
Step 2: Arraignment
Once the prosecutor files formal charges—usually through a complaint or indictment—the next step is arraignment. At this hearing, the defendant enters a plea of guilty, not guilty, or no contest.
A not guilty plea is most common, allowing the case to proceed and giving the defense attorney time to review the evidence and negotiate with prosecutors.
Step 3: Pretrial Conferences and Motions
After arraignment, the case enters the pretrial phase. This is often the longest part of the process and includes:
- Discovery, where both sides exchange evidence
- Filing of pretrial motions, such as motions to suppress evidence or dismiss charges
- Plea negotiations, which can result in a deal without going to trial
An experienced criminal defense attorney in Arizona can use this phase to challenge the prosecution’s case, negotiate reduced charges, or even get the case dismissed altogether.
Step 4: Jury Selection
If no plea agreement is reached, the case goes to trial. The first stage is jury selection, also known as voir dire. Both the prosecution and defense question potential jurors to determine if they can be fair and impartial. Jurors may be dismissed for cause (e.g., bias) or through limited peremptory challenges, which don’t require a reason.
In Arizona, criminal defendants have the right to a trial by jury under Arizona law. Jury selection is a critical part of trial strategy. A skilled defense attorney will work to seat jurors who are open-minded and not predisposed to believe the prosecution’s case.
Step 5: Opening Statements
Once the jury is selected, the trial officially begins with opening statements. The prosecutor goes first, followed by the defense. These statements provide a roadmap of what each side intends to prove. While not considered evidence, opening statements are important for framing the narrative of the case.
Step 6: Presentation of Evidence
This is the heart of the trial. Both sides will present their case through:
- Witness testimony
- Physical evidence
- Expert opinions
- Cross-examinations
The prosecution presents its case first, aiming to prove the defendant’s guilt beyond a reasonable doubt. The defense then has the opportunity to present evidence and witnesses of its own, or it may choose to rely on challenging the prosecution’s case.
Remember: the defendant is not required to testify, and choosing not to cannot legally be held against them.
Step 7: Closing Arguments
After both sides have presented their evidence, they will deliver closing arguments. This is each side’s final opportunity to persuade the jury before deliberation. The prosecution will summarize its case and emphasize why the evidence proves guilt. The defense will highlight reasonable doubt and argue for acquittal.
Step 8: Jury Instructions and Deliberation
Before deliberation begins, the judge will give the jury a set of instructions outlining the applicable law and their duty in weighing the evidence. Jurors then deliberate in private. Their goal is to reach a unanimous verdict. If they cannot agree, the judge may declare a hung jury, which could lead to a retrial.
Step 9: Verdict and Sentencing
If the jury finds the defendant not guilty, the case is over, and the defendant is free to go.
If the verdict is guilty, the case moves to sentencing, which may happen immediately or at a later date. Sentencing in Arizona depends on the severity of the offense, the defendant’s criminal history, and other factors like whether the crime involved violence or weapons.
A knowledgeable defense lawyer may argue for reduced penalties or alternative sentencing options like probation or treatment programs.
Protecting Your Rights at Every Step
The process of a criminal case in Arizona is complex, and every decision—from how to plead, to whether to testify, to which motions to file—can impact the outcome. Having a seasoned Arizona criminal defense attorney on your side is the best way to protect your rights and ensure the strongest possible defense.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439