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The Stages of the Arizona Criminal Process

Posted by Shawn Hamp | Dec 04, 2017 | 0 Comments

Gavel and Scales of Justice
Going through the criminal justice process can be confusing for most people who have never been charged with a crime before.

In Arizona, criminal proceedings follow a set order of events. Knowing what happens and when can help you understand the criminal justice system and where your case is heading.

Police Investigation

The first step in all criminal cases is the police investigation, where police officers gather evidence that you committed a crime. Importantly, this investigation stage can last years, in the case of some complex white collar crimes, or mere minutes, in the case of driving under the influence (DUI).

Arrest and Booking

Once police have enough evidence to support further action, they'll make the arrest and bring you to the police station, where you will be fingerprinted and photographed in the booking process.

Arraignment

Soon after the arrest, there will be a court hearing with a judge or magistrate called the arraignment. There, the judge will inform you of the charges against you, set the terms and conditions of your pre-trial release, and set a date for the preliminary hearing, if applicable. You'll also be appointed a public defender if you need one. At the arraignment, you'll be asked whether you mean to plead guilty or not guilty.

In the case of felony criminal charges, though, there's an additional hearing between the booking and the arraignment called the preliminary hearing. There, the prosecution has to show probable cause that you committed the crime you're being charged with. Whether to exercise your right to the preliminary hearing is a complex issue, and depends on the facts of your particular case.

Plea Bargaining

There could be months between the arraignment and your trial. During this time, the prosecution and your defense attorney will gather evidence in your case that makes it seem more or less likely that you committed the crime, which is often the basis for plea bargaining. Plea bargains usually involve pleading guilty to less severe crimes than the one you're being charged with, resulting in lighter punishments. In Arizona, the vast majority of criminal charges are resolved through plea bargaining.

Trial

If a resolution cannot be reached before the trial date, then your case will go to trial. Real-life criminal trials look much like they do on TV shows like Law and Order, with the prosecution presenting their evidence that you committed the crime and then the defense raising reasonable doubts.

If the jury finds you not-guilty, you'll be released. However, if you get convicted, the process continues into the sentencing portion of the trial.

Sentencing and Other Post-Trial Procedures

If the jury finds you guilty of the crimes you're being charged with, your case will proceed to the sentencing portion of the trial. There, the prosecution urges the judge to levy a heavy penalty, while your defense attorney points out all the reasons for a lighter sentence. After weighing the arguments, the judge will issue the sentence.

Finally, you have the opportunity to appeal your case if the court seems to have made a mistake or there was other wrongdoing during your case.

Arizona Criminal Defense Attorney Shawn Hamp

Throughout this entire process, your criminal defense attorney is your best friend and most vigilant fighter. Call the law office of Shawn Hamp at (866) 490-HAMP or contact him online for the legal defense you need.

About the Author

Shawn Hamp

President and lead counsel for the Law Offices of Shawn B. Hamp, P.C. (An Arizona Professional Corporation), Shawn Hamp has practiced law for more than 15 years with an emphasis in criminal law. An experienced trial attorney, Mr. Hamp has been lead counsel in hundreds of criminal trials and court...

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If you have been arrested or charged with a crime you may be feeling frightened, anxious, and uncertain of what your future holds. The competent and experienced attorneys at the Law Offices of Shawn B. Hamp can help you during this difficult time. We are dedicated to fighting for the rights of our clients and providing excellent legal representation to those who have been accused of a crime. Contact our firm today to discuss your case in a free case consultation.

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