Criminal Cases in Tucson: FAQ

If you or a loved one is facing felony charges in Tucson, understanding the process can take some of the fear out of an overwhelming situation. Below are answers to the questions our clients ask most often about how criminal cases work in Pima County.

What happens right after an arrest?

Anyone arrested must have an Initial Appearance before a magistrate within 24 hours, usually by video from the Pima County Jail. At this hearing you are informed of the charges against you, advised of your right to an attorney, and given release conditions or a bond.

What is a Preliminary Hearing, and will I actually have one?

Before any felony case can proceed, there must be a finding of probable cause — a determination that a crime was committed and that the defendant is responsible. The magistrate sets a Preliminary Hearing date for every defendant, but most defendants in Pima County never actually have one. Instead, the prosecutor usually presents the case to a Grand Jury, which meets in secret without a judge or defense attorney present. If the Grand Jury returns an Indictment, your Preliminary Hearing is vacated and the case moves to Arraignment.

What if the Grand Jury doesn't indict?

If the Grand Jury does not return an indictment, or the prosecutor chooses not to proceed, the case is dismissed. If you are in custody and there is no indictment by the Preliminary Hearing date, you should be released unless another matter is holding you. The prosecutor can still bring the case back to the Grand Jury later.

What happens at the Arraignment?

The Arraignment takes place at Pima County Superior Court, 110 W. Congress Street. You must attend, failure to appear can result in a warrant. The hearing itself is brief: the Court verifies your identity, enters a not guilty plea on your behalf, and assigns your judge and a Case Management Conference date about a month out.

What is a Case Management Conference and Pretrial Conference?

The Case Management Conference is usually brief and is often is only providing a basic update to the Judge about the status of the case. By the time of the Pretrial Conference the parties can usually tell the Judge whether the case is likely headed toward a Plea Agreement or a Trial. The period between Arraignment and the Pretrial Conference is when much of the defense work happens. During this time we begin receiving and reviewing disclosure from the State, obtaining the Grand Jury Transcript, conducting any necessary investigation, and meeting to discuss strategy.

Will I be offered a Plea Agreement?

Most criminal cases resolve through Plea Agreements. Whether to offer a plea, and on what terms, is solely the prosecutor's decision. The decision to accept or reject a Plea Agreement is always yours. A Plea Agreement typically involves pleading guilty to something less serious than the original charges, which comes along with a less severe penalty. Your attorney's job is to negotiate the best possible terms, explain the strengths and weaknesses of your case, and make sure you can make an informed decision.

How quickly must my trial start?

In Arizona, if you are in custody you have the right to have your trial begin within 150 days of Arraignment; if you are out of custody, within 180 days. In some cases it is in your interest to waive time and set a trial outside those limits to allow for additional preparation.

What are the possible outcomes at trial?

A jury can acquit you of all charges, ending the case. It can convict you on all or some of the charges, in which case Sentencing is set about 30 days later. Or the jury can hang — failing to reach a unanimous verdict — which results in a new trial date unless the case resolves another way. Sometimes after a hung jury the prosecutor decides not to retry the case.

What happens at Sentencing?

The Adult Probation Department prepares a Pre-Sentence Report for the Judge. Arizona's sentencing laws are strict: the Judge cannot deviate from the statutory range, and certain offenses — including violent felonies and cases involving prior felony convictions — are not eligible for probation. Letters of support, evidence of employment, and documentation of positive character can all help mitigate a sentence.

Can I appeal?

If you are convicted at trial, you have the right to appeal to the Arizona Court of Appeals and may later file a Rule 32 Petition for Post-Conviction Relief. If you accept a Plea Agreement, you give up the direct appeal but retain the right to file a Rule 33 Petition for Post-Conviction Relief, which is heard by the same judge who sentenced you.

Every case is different, and this overview is general information — not legal advice about your specific situation. If you are facing criminal charges in Tucson or anywhere in Pima County, contact our office to discuss your case.