When someone is accused of a felony, the case begins with a determination of probable cause. This is often done by a Grand Jury, a group of fifteen citizens who review evidence presented by a prosecutor. If at least nine jurors agree that there is probable cause, an Indictment is signed, also known as a “true bill.” This proceeding is secret, and neither the defendant nor their attorney can attend. The prosecutor must present the case fairly to the Grand Jury. If the Grand Jury finds probable cause, the next step is usually a Felony Arraignment. Alternatively, a Preliminary Hearing may be held instead of a Grand Jury Indictment.
The first court appearance for the accused is the Initial Appearance, a brief hearing where the defendant is informed of the charges and release conditions are set. This usually happens within 24 hours if the defendant is in jail.
If a Preliminary Hearing is held, the prosecutor presents evidence in open court, and the defense can cross-examine witnesses and present their own. The judge then decides if there is probable cause. If not, the case is dismissed. If probable cause is found, the case proceeds to a Felony Arraignment.
At the Felony Arraignment, the defendant is formally informed of the charges and enters a plea, typically “Not Guilty.” If the case was charged by a Grand Jury, the Arraignment often occurs at the same time as the Initial Appearance.
Next, the case moves to the Pretrial Conference, where attorneys update the judge on the case status and resolve any outstanding issues. There can be multiple Pretrial Conferences. If the case is not resolved, it is set for trial. If legal motions are filed, a Felony Oral Argument and Evidentiary Hearing may follow. Otherwise, the next step is usually a Felony Pretrial Management Conference.
During the Oral Argument and Evidentiary Hearing, attorneys present arguments on legal issues, and the judge may hear witness testimony. The judge then makes a ruling, which could lead to evidence being suppressed or the case being dismissed.
If the case is not resolved, it proceeds to a Felony Pretrial Management Conference, typically held about a week before the trial date. This is a final opportunity to address any last-minute issues before trial.
In Arizona, defendants are entitled to a Jury Trial, with 8-12 jurors depending on the offense severity. The judge handles legal questions, while the jury decides on factual issues and guilt beyond a reasonable doubt. Jury Trials usually last 3-5 days but could be much longer depending on the complexity of the case. The jury’s decision must be unanimous. If they can’t agree, a mistrial is declared, and the case is reset for a new trial. If the defendant is found Not Guilty, they are released.
If the defendant is found guilty or pleads guilty, a Sentencing Hearing is scheduled, usually 30-40 days later. Before sentencing, a probation officer prepares a Presentence Report, providing background information and sentencing recommendations. During the hearing, both sides present their arguments for an appropriate penalty, and the judge announces the sentence.