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The prosecutor must make diligent efforts to confer with the victim about any plea offer made to the defendant. In some less serious cases, sentencing will also be set at the RCC. Early Disposition Court EDC Previously known as Expedited Drug Court, EDC is designed to handle most first and second-time drug offenses and prevent a backlog of these relatively minor cases by resolving them as quickly as possible.
Eligible cases are identified at the IA and set for a preliminary hearing within 10 days. The plea and the sentencing are combined at these hearings and many defendants are ordered to participate in substance abuse treatment programs in lieu of prosecution. Initial Pretrial Conference Following arraignment, defendants who plead not guilty are scheduled for an initial pretrial conference IPTC.
Here defendants have a hearing before a Commissioner to narrow the issues in controversy surrounding the case and perhaps settle it prior to the trial date. An IPTC is usually held within 45 days after an arraignment. Discovery According to the Arizona Rules of Criminal Procedure, the prosecution and defense must disclose the information each side intends to present at trial, including physical evidence, police reports and a list of witnesses.
This process, known as discovery, is reviewed in one or more pretrial status conferences before the Judge. The rules of discovery also allow attorneys to interview prospective witnesses.
Settlement Conference In some cases, the trial Judge assigned to a case will order the parties to meet with another Judge to discuss possible resolutions to a case short of trial. At the conference there is an exchange of views, and the Court will typically suggest ideas to attempt a resolution. The trial Judge can only participate in such discussions with the consent of both parties. Motion to Continue Panel When attorneys file a motion to continue, or postpone, a trial more than five business days, a panel of Judges is convened to decide whether or not there is sufficient reason for delaying the trial.
The regularly assigned trial Judge hears motions to continue of five days or less. Review of "motions to continue" by panels is intended to reduce the number of motions to continue and save time prior to trial. Final Trial Management Conferences A final trial management conference FTMC is typically held seven days before the scheduled trial date to discuss the trial schedule and address any remaining issues in the case before going to trial. All cases are scheduled for a FTMC prior to ordering a jury.
Typically the Rule 11 process takes at least one month after which a hearing is scheduled for the Judge to review evidence from mental health specialists and decide if the defendant is or is not competent to stand trial. If the Judge determines that the defendant is competent , the case proceeds through the criminal justice process.
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If the defendant is found to be incompetent , the Judge will order a second evaluation to determine if the defendant can be restored to competency with mental health treatment. If the judge finds that the defendant can be restored to competency , the criminal case is placed on hold while the defendant participates in mental health treatment.
Once the defendant is determined to be competent to assist in his or her defense, the prosecution resumes. If a Judge determines that the defendant is incompetent and not restorable in the near future, the criminal case must be dismissed and the Judge may order that the defendant be involuntarily committed to the Arizona State Hospital for mental health treatment. Even if the defendant has been determined to be competent, he or she is still allowed to raise an insanity defense at trial.
In negotiating a plea agreement with the Deputy County Attorney prosecuting the case, the defense attorney may seek a dismissal of certain charges, a commitment from the Deputy County Attorney not to file additional charges or an agreement to recommend a particular sentence. The Deputy County Attorney will make diligent efforts to confer with the victim concerning any plea agreement. If an agreement is reached, the attorneys and the defendant appear before a Judge for a Change of Plea Hearing.
Victims have the right to be present at the hearing and to make a statement expressing their opinion about the plea agreement. The Judge can either reject the plea agreement and set the case for trial, or accept the plea, enter a finding of guilt against the defendant and proceed to sentencing.
Trial If a plea agreement is not reached, the case goes to trial. All parties to the case, including prosecution witnesses and defense witnesses, will be subpoenaed summoned in advance to testify.
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Victims have the right to be present throughout the trial. Once a jury is selected and sworn, the prosecution and the defense make opening statements to the jury to explain the case. The Deputy County Attorney the State then presents the case against the defendant.
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It is the responsibility of the State to prove "beyond a reasonable doubt" that a crime was committed and the defendant is guilty of committing that crime. To meet this burden of proof, the Deputy County Attorney presents evidence and calls witnesses to testify.
Witnesses are required to testify under oath and may be cross-examined by the defense attorney. Witnesses are excluded from the courtroom until they are finished testifying. The reason for this rule is to ensure that a witness is not influenced by the testimony of another witness. After the prosecutor presents the case against the defendant, the defense has an opportunity to present its evidence.
As in the case with the prosecution witnesses, defense witnesses are subject to cross-examination by the prosecutor.
Following the defense's case, rebuttal witnesses may be called by the prosecutor to discredit statements and facts presented by the defense. At the end of the trial, attorneys for the prosecution and defense make their final arguments to the Judge or the jury. The Judge instructs the jury on how the law applies to the case and about the duty of the jury. The jury must agree unanimously in order to find the defendant guilty or not guilty.
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If the jury returns a "not guilty" verdict, this means that, in the jury's opinion, the State failed to prove the case beyond a reasonable doubt and the defendant is released. The State cannot appeal the jury's verdict and the matter cannot be retried. If the jury returns a verdict of "guilty," the Judge sets a sentencing date. If the jury is unable to reach a unanimous verdict, it is declared "hung" by the Judge and the State may then request that the case be retried within 60 days. Sentencing If the defendant pleads guilty, or if the defendant is found guilty, the Judge will set a date for the defendant to be sentenced.
In felony cases, sentencing will generally be held about 30 days after the change of plea or guilty verdict. Prior to sentencing, the court will request a Pre-Sentence Report on the defendant from the Maricopa County Probation Department only for felony cases.
Adult Criminal Trial Process
The Pre-Sentence Report discusses the circumstances of the offenses, the defendant's life and criminal history and recommends a specific sentence. The Probation Officer will contact the victim s who may also submit a written statement to the Judge through the Probation Officer. This statement may contain the victim's request for payment of monetary losses suffered by the victim restitution. In some situations, when either the Deputy County Attorney or the defense attorney has strong feelings about the recommended sentence, testimony especially relevant to the sentence may be heard at a special sentencing hearing.
Victims are allowed to make a statement to the Judge at the time of the sentencing. Restitution Arizona law requires the Judge to order the defendant to pay restitution if the victim has suffered a monetary loss directly related to the crime. Restitution is not available to compensate for pain and suffering in criminal cases. Restitution will be ordered regardless of whether the defendant is placed on probation or sentenced to the Arizona Department of Corrections.
Restitution payments are paid to the Clerk of the Court, who then mails the payments to the victim.
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Sentencing Options Probation If the defendant is placed on probation, he or she will be under many restrictions of conduct and travel. If a defendant violates the terms of probation, additional restrictions may be imposed or the defendant may be sentenced to serve a term in the Arizona Department of Corrections. Any inappropriate action by a defendant placed on probation, including unauthorized contact with victims and witnesses should be reported to the Maricopa County Adult Probation Office. At the time of sentence, the Judge will also order the defendant to serve a term of community supervision following the prison term.
The Arizona Board of Executive Clemency, a separate agency from the Arizona Department of Corrections, is the agency that determines if the inmate is to be released from prison on parole. If the defendant is released from prison on parole, the Arizona Department of Corrections, Parole Division, is responsible for supervising the defendant. Cases on appeal are reviewed in writing. In some cases, oral arguments are heard by the Court.
The testimony of the victims and witnesses is not allowed. The civil contempt motion and order to show cause or order to appear containing the hearing date and time must be personally served upon the alleged contemnor. Order to Show Cause or Order to Appear. The court shall make an express finding as to whether the alleged contemnor had notice of the motion and order to show cause. The court shall determine whether movant has established that a prior order was entered and that the alleged contemnor had notice of the prior order and has willfully failed to comply with the order.
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