What Do You Do if You Are On Trial For a Crime in Arizona

Criminal trials in Arizona typically arise following charges brought against individuals who are accused of committing a crime. In such cases, the state government is the plaintiff/prosecutor charged with proving “beyond a reasonable doubt” that the defendant committed the alleged offense. The trials are opportunities for the government to argue its case and the defendant’s chance to discredit the government’s evidence, prove innocence, and possibly avoid a “guilty” verdict. Throughout this process, the judge is expected to ensure that the defendant’s rights are respected and that constitutional and statutory provisions are obeyed.

What Percentage of Criminal Cases Go to Trial in Arizona?

According to the 2017 superior court statistics, only a small percentage of criminal cases filed in the state go to trial. For example, Maricopa County, Arizona’s most populous county, reported that, of 99.8% of terminated criminal cases, only 2.2% went to trial. Most defendants opt for plea deals or deferred prosecution to avoid the uncertainties of trial and the possibility of harsh sentencing.

When Does a Criminal Defendant Have the Right to a Trial?

In addition to the right to an attorney and an experienced criminal defense team, defendants accused of committing crimes against the state are entitled to a speedy and public trial, according to Rule 8 of the Arizona Rules of Criminal Procedure. If it is a felony case, a DUI, or another severe misdemeanor, the defendant generally has the right to a jury trial. For minor misdemeanor cases, they have the right to a speedy bench trial with a presiding judge.

What Are The Stages of a Criminal Trial in Arizona?

A criminal trial in Arizona usually consists of the following phases:

• Choosing a jury
• Opening statements
• Examination of witnesses
• Closing arguments
• Jury instruction
• Jury deliberation
• Verdict
• Sentencing
• Appeal

How Long Does It Take For a Case to Go to Trial in Arizona?

The Arizona criminal rules of procedure maintain that defendants have the right to a speedy trial. This refers to the maximum time limit for the criminal trial to begin after formal criminal charges have been filed against the defendant.

If the defendant remains in custody, the trial date is typically set within 120 days of the initial appearance before a court. If the defendant was released from custody on bail, the trial date may be decided within 150 days from the initial appearance. In extraordinary circumstances such as complex or capital cases, the trial date is set within 270 days from arraignment and 18 months from arraignment, respectively.

What Happens When a Court Case Goes to Trial in Arizona?

The following are steps involved in resolving a criminal case that goes to trial in Arizona:

Choosing a Jury

In Arizona, most trials are heard by a jury. A criminal trial typically begins with the selection of 12 jurors, who are questioned and examined by the judge and attorneys regarding issues related to the case.

Opening Statements

The trial begins with opening statements from both sides, the state attorney and the defense attorney. Here, the prosecuting attorney presents the court with an overview of the crime, supported by facts that substantiate the claim.

Examination of Witnesses

After both sides have given opening statements or waived the opportunity to do so, the prosecuting attorney proceeds to conduct a direct examination. Witnesses are called to the stand and questioned under oath to reinforce the facts previously provided. The opposing attorney may also offer witnesses to affirm that the defendant is innocent of the charges. Likewise, the court allows the attorneys to cross-examine witnesses by questioning the witnesses and testimonies provided by the opposing side.

The trial generally depends on these examinations because it is the only opportunity to provide evidence, reinforce or debunk facts, and discredit witnesses. The judges and jury (through written notes submitted to the judge) may also question witnesses to clarify issues that arise.

Closing Arguments

After both sides have presented their evidence, they make closing arguments. Here, the attorneys summarize their evidence and highlight the strongest points beneficial to their case. The arguments provide the judge/jury with clarity on the case, which aids in the verdict.

Instructing Jury

After the closing arguments, the judge reads instructions to every member of the jury. These instructions outline the laws applicable to the case being addressed, and the jurors are advised to let them guide their final decision.

Jury Deliberations

Afterward, the jury retreats to the deliberating room, where a juror is elected to lead the discussions. Here, they consider all the presented facts and decide the verdict based on law and evidence.

Verdict

When the jury reaches a verdict, the court is reconvened. The jury provides the court with a written, unanimous verdict, signed by the foreperson or an elected juror. The judge or court clerk reads the verdict to the court, and the court enters the judgment. If the defendant is found guilty, a later date is chosen for a sentencing hearing; if not, the defendant is released, and the court is dismissed.

Sentencing

The sentencing hearing is where the court determines the befitting punishment that the convicted individual may receive. Afterward, the judge typically sentences the defendant within the range outlined by state laws, which may include fines, probation, imprisonment, or a combination of all. In extreme cases, the death sentence may be imposed.

Appeals

In some cases, the defendant may appeal the court's decision in the Court of Appeals. In cases where the death penalty is imposed, an automatic appeal may be filed with the State Supreme Court.

What Does it Mean to be Indicted in Arizona?

An indictment in Arizona is a formal accusation issued by a grand jury when it believes that there is probable cause, based on the evidence presented by the prosecution, that someone committed a crime; it is not the same as being found guilty.

The grand jury, upon determining that there is probable cause of a public offense based on the entirety of the evidence, will issue an indictment against the subject of the investigation (AZ Rev Stat § 21-413). An indictment may only be returned if at least nine grand jurors agree. The foreperson signs the indictment and endorses it as a “true bill” (AZ Rev Stat § 21-414).

After indictment, the court issues either a summons or an arrest warrant. An arraignment must be held for defendants in custody no later than 10 days after the filing and for defendants not in custody, no later than 30 days(Arizona Rule of Criminal Procedure 14.2). The defendant then has an initial appearance. At that appearance, the charges are stated. Defense is assigned if needed. Conditions of release or bail are set.

Does Indictment Mean Jail Time in Arizona?

No. An indictment does not automatically mean that someone will go to jail.

Pretrial jail or detention may happen only in some instances:

• If bail is denied because the person is charged with an offense that is not bailable. Under A.R.S. § 13-3961, certain serious offenses like capital crimes, sexual assault, or if the proof is evident or the presumption great, bail may be denied.
• If bail is granted, but the defendant cannot pay it or meet release conditions. Courts may set bail or impose conditions.
• If the offense is grave (violent felony, etc.), or the state certifies it and shows clear and convincing evidence that the defendant poses a danger to safety or the community. Under § 13-3961 and § 13-3967, those factors apply.

Arizona’s law on pretrial release is A.R.S. § 13-3967. It requires that anyone charged with an offense that’s bailable as a matter of right be released pending trial on their own recognizance or on bail set by a judicial officer, unless there is a reason under law to impose conditions or deny bail.

Actual jail or prison time happens only after conviction, either through a guilty plea or after a trial. Until then, the indictment just starts the legal process.

Can You Be Put on Trial Twice for the Same Crime in Arizona?

No, criminal defendants cannot be tried twice for the same crime. In agreement with the double jeopardy clause of the 5th Amendment to the United States Constitution, Article 2 of the Arizona State Constitution affirms that no individual should endure multiple trials for the same crime.

However, the double jeopardy clause only ensures that a defendant is not tried by the state government more than once. If the crime violates state or federal laws, the individual may be tried separately by both governments, and it will not infringe on the defendant’s rights.

How Do I Look Up a Criminal Court Case in Arizona?

Individuals in the state may access court records of concluded and ongoing criminal cases online or in person. To access paper copies, inquirers are advised to visit the courthouse where the case was initially filed. Record seekers can also confirm if the court provides other means of retrieval through the Arizona Court Locator provided by the Arizona Judicial Branch. This locator contains the locations, contact information, and websites of all superior courts in the state.

How to Access Electronic Court Records in Arizona

Because online court records are unofficial court records, they are typically provided to the public for informational purposes only. Court records in Arizona are primarily stored online via the web-based e-Access portal. The system handles public requests for civil and criminal court records and provides unrestricted access to public and open court records. To use this service, inquirers must register for an eAccess account. Case data on the site may be purchased per-document or through a recurring monthly subscription.

Public Arizona criminal records may also be accessible through third-party websites. These sites may offer the convenience of a statewide database where individuals may perform single or multi-record searches. To search these platforms, users may be required to provide information to facilitate the search, including:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state where the person resides or was accused.

Since third-party sites are independent of government sources and not sponsored by these agencies, the availability, accuracy, and validity of records may not be guaranteed.

How Do I Remove Public Court Records in Arizona?

The process of destroying or limiting access to public court records is known as expungement or sealing. There are no constitutional provisions for expungement in Arizona; instead, the process is referred to as ‘setting aside.’ To set aside a court record, interested persons are required to petition the sentencing court to dismiss the case or remove the finding of guilt.

While an expungement completely erases the criminal offense records, a set-aside will not remove the charge from the individual’s criminal record. A set-aside order indicates that an ex-convict has fulfilled all the sentence or probation conditions and that all charges have been dismissed.

It is important to note that not all criminal cases in the state are generally eligible for this process. According to Title 13 of the State Criminal Code, individuals seeking to set aside felony or misdemeanor convictions are typically required to complete the probation or sentence for their crime. However, set-aside orders are unavailable to individuals who were convicted of the following:

• Crimes that require them to register as sex offenders
• Crimes of sexual motivation or nature
• Crimes against underage victims under 15 years old
• Aggravated driving offenses
• Dangerous offenses that involve the infliction of serious bodily injuries
• Crimes that involve the use of deadly weapons

To apply for a set-aside order, the individual must petition the sentencing court by filing a request in accordance with the court's requirements. Typically, petitioners may apply to any superior court, not just the court that sentenced them. There are also no filing fees required.

If the request is denied, the court is mandated by law to provide a written explanation for the denial. Depending on the court's reasons for the denial, the petitioner may file a request for reconsideration later. Instructions and forms for requesting a set-aside order and reconsideration may be found on the court’s website. If the petition is granted, the court clerk may inform the Department of Public Safety to update the individual’s criminal history.