15 Feb The Process for Criminal Cases in Arizona
No one wants to have to go through the court procedures associated with being arrested for criminal conduct. But knowing what’s coming can make the process less frightening. Here is a quick breakdown of the process you’ll go through in Arizona’s court systems, should you be arrested for a crime.
What Should I Expect If I Get Charged with a Crime?
Standing Before a Judge
Within 24 hours of the arrest a defendant (the person charged with a crime) must either be brought before a judge or released. At that appearance, charges are made clear to the defendant. Conditions for release from jail are also determined by the judge and declared to the defendant. The defendant is also made aware of their right to an attorney and of their right to remain silent.
Preliminary Hearing
If there is a preliminary hearing, both the prosecuting attorney (representing the state or local government) and the defending attorney (representing the defendant) may call witnesses and give testimony either for or against the defendant. If the judge decides there is enough evidence for probable commission of a crime, a date is set for the arraignment of the defendant.
Arraignment
At the arraignment the defendant enters a plea of not guilty, guilty, or no contest. If a defendant pleads not guilty, the judge sets a trial date. If the defendant pleads guilty or no contest, the judge sets a date for sentencing.
Trial
With a not guilty plea, a defendant is entitled to a trial before a jury or a judge. Both attorneys are present, and both have the option of giving opening statements. The prosecuting attorney always speaks first, and begins with an opening statement.
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- Witnesses may be called to testify, and are asked questions by the attorneys. If a prosecuting attorney has called a witness to the stand, the defending attorney may cross-examine their testimony, and vice versa.
- When the prosecution has presented their case, the defending attorney will then present evidence and call any witnesses. The defending attorney will attempt to create reasonable doubt that the defendant is guilty.
- Any physical evidence that is presented must be acceptable as defined in the Arizona Rules of Evidence.
- If the defending attorney feels there is not enough evidence in a case, they may ask the judge to decide in the defendant’s favor. If the judge agrees there is not enough evidence, the trial ends. Otherwise, the trial will continue until all testimonies and evidence have been presented by both sides.
- The prosecuting attorney and the defending attorney then present their closing arguments. They each summarize the evidence and testimonies on behalf of the state or local government (prosecuting attorney) or on behalf of the defendant (defending attorney).
- After closing arguments, the judge instructs jury members (if there is a jury) on how to correctly interpret the law and the information they have heard and seen, and the jury is sent into deliberation.
- In a separate room, the jury first elects a foreman to lead their discussions. When the jury members have considered all the facts and come to a decision, they return to the courtroom.
- In the courtroom, the foreman hands a written verdict to the judge, who then enters a judgment that is based on the jury’s verdict.
- For a not guilty verdict the defendant is released immediately. If a guilty verdict is reached by the jury, a date is set for sentencing.
- Sentencing—The judge hears the sentencing recommendations of the prosecuting attorney and the defending attorney and sets a sentence within state limits.
- Appeal—If you were convicted, you can request a review of that verdict through the court of appeals.
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Do You Need a Defense Attorney in Phoenix?
If you have been arrested for a crime in Arizona, a good attorney can make all the difference. The certified defense team at Coolidge Law will give you the best chance of a favorable outcome. Give us a call today to schedule a consultation.
Photo by Emily Dill Strock on Unsplash used with permission under the Creative Commons license for commercial use 7/28/26.
Content updated 7/28/26.
Todd Coolidge graduated magna cum laude from the University of Wisconsin-Oshkosh in 1984 with a Bachelor of Science degree in Criminal Justice. He attended Arizona State University College of Law and has been practicing law exclusively as a criminal defense attorney since graduating in 1990. He has over 25 years of experience and is certified as a Criminal Law Specialist through the Arizona Board of Legal Specialization.