When an incident happens and law enforcement becomes involved it is their job to document it and potentially investigate.  As part of the investigation (Initial Incident) A.R.S. 13-4405, the police interview witnesses, preserve evidence and prepare reports containing the results of their investigation.  The reports, along with other evidence, are then submitted to the Pinal County Attorney’s Office for charging review.

Additionally, the law enforcement agency has the responsibility of advising all crime victims of their right to be informed throughout the criminal justice process. Initially, the police are required to:

• Advise the victim whether the suspect is an adult or juvenile.
• Advise the victim whether the suspect is in custody.
• Notify the victim of the date, place, and time of the suspect’s initial appearance.
• If the suspect is not in custody, law enforcement advises the victim at the earliest opportunity of the suspect’s arrest.
• Provide the victim with an explanation of their rights and how to request them.
• To provide a REQUEST/WAIVER form to the victim.
• Tell the victim about emergency and support services they may be able to provide the victim with assistance.

Seizure of Property A.R.S. 13-4429 is common during a police investigation for property to be seized and removed from the scene. The law enforcement agency will normally consult with the prosecuting attorney regarding the return of your property.  In many cases, property is returned to victims in a timely manner, however, there are circumstances in which the release of property is not possible until after the conclusion of the case. In those cases, the police and prosecutor will advise you as to the reason the property may not be returned.

Once the law enforcement agency submits the results of their investigation to the Pinal County Attorney’s Office, a Deputy County Attorney will review the reports and evidence.  The Deputy County Attorney then makes a decision as to whether the case meets the standard required by the “special responsibilities of a prosecutor” ethical rule, which is a “reasonable likelihood of conviction at trial.”

The Deputy County Attorney has several different options at this point.  The attorney can decline charges, but request that the law enforcement agency conduct further investigation on the case.  This means the Deputy County Attorney submits a request for specific things to be done by law enforcement on the case.  Once the requests are completed, the police agency could resubmit the case to the Deputy County Attorney. How each law enforcement agency prioritizes and completes follow up is at their discretion.

The DCA could elect not to pursue charges due to their ethical rule. Should the Deputy County Attorney decide not to prosecute the case, the listed victim(s) will be advised of their right to speak with the prosecutor prior to the decision becoming final. This completed through written notification that stipulates a deadline for the victim(s) to contact the prosecutor to discuss the case before it becomes finalized.

Cases that have charges approved, fall into one of two categories – felony or misdemeanor cases. Cases approved for felony charges will either proceed to grand jury or have a preliminary hearing. All felony charges are heard in Superior Court.  Approved misdemeanor charges are filed in the Justice Court.

The Deputy County Attorney may allow the defendant to enter into the Pinal County Attorney’s Adult Diversion Program. This program is only available to non-violent offenders who have not been convicted of prior felony crimes.  Under this program, the defendant will be required to sign a contract, whereby he/she admits to committing the crime and agrees to abide by certain conditions for a period of time, including paying restitution to the victim. These programs typically begin prior to the initiation of formal legal proceedings. The benefit to the State and the victim, is that in most cases there is a shorter period of time for case resolution, the program saves tax payers money spent on court processes and participants in diversion programs have higher successful completion and lower recidivism rates than offenders who are sentenced to Probation or the Arizona Department of Corrections. Prior to placement in the Diversion Program, the Pinal County Attorney’s Office will call the victim to discuss the matter. Once the defendant is accepted into diversion, the Deputy County Attorney will file a motion with the court to suspend proceedings. The court then typically grants the motion, and the case is set for a review hearing. At the review hearing, the court will ask whether the defendant is complying with program requirements. If the defendant successfully completes the program, the offense will not be further prosecuted. However, should the defendant fail to abide by the conditions of diversion, the defendant could be removed from the program and the Deputy County Attorney will file a notice to resume prosecution with the court. The case will then be set for a pre-trial conference.

Generally, if an offense is punishable by more than one year in jail, it will be filed as a felony charge. Anyone suspected of committing a felony charge has the right to a hearing to determine whether probable cause exists.  Probable cause is sufficient evidence to justify holding a defendant for trial.  There are two different types of probable cause hearings – preliminary hearings and grand jury hearings.

A preliminary hearing is a hearing where a judge determines if there is sufficient evidence to charge a person with a felony crime. The judge shall hear only evidence that is presented during the hearing by the Deputy County Attorney, who represents the State of Arizona. The defendant has the right to be present at the hearing and to cross-examine the witnesses testifying against him/her. At the close of the state’s presentation, including the defendant’s cross-examination of the witnesses, the judge will decide if the state has presented sufficient evidence that probable cause exists and to charge the defendant with the crime. The defendant may present evidence in order to rebut the state’s evidence. If the judge still believes there is probable cause he/she will “bound over” (indict) the defendant and start the criminal case.  The victim has the right to attend the preliminary hearing.

Sometimes charges against the defendant are dismissed because the judge believes that there is insufficient evidence OR probable cause to justify holding the suspect for trial.

A grand jury hearing is a closed hearing comprised of up to 16 randomly selected citizens of Pinal County that have been impaneled to serve as the jury.  The case is presented to the grand jury by the Deputy County Attorney.  It is the Deputy County Attorney who generally determines which witnesses will provide testimony at the grand jury, although the members of the grand jury could subpoena witnesses if requested.  After all testimony has been presented, everyone but the grand jury itself is excluded from the room.  The grand jury then votes and makes their determination as to probable cause. If there is sufficient evidence to proceed, a “True Bill”(indictment) is issued from the grand jury. The case is then forwarded to Superior Court for further proceedings.

In most Superior Court cases, the first hearing where the defendant is ordered to appear is the Arraignment A.R.S. 13-4406 hearing. At arraignment, the defendant is formally advised of the charge(s) against him/her and of their rights.  The court usually enters a “not guilty” plea on the defendant’s behalf. If the defendant does not have an attorney, or if they cannot afford an attorney, then the court will appoint an attorney to represent the defendant. A pre-trial conference hearing is then scheduled approximately 4-6 weeks from the date of the arraignment.  If the defendant is released on their own recognizance, commonly referred to as “OR,” the court will affirm the conditions of release.

However, if the defendant is in custody at the time of the arraignment, the defense attorney may ask to discuss bond or may request a release hearing to change the conditions that the defendant must meet for release. The Deputy County Attorney will request that the court schedule the release hearing at least five working days in the future, to allow for proper victim notification. The primary objective of the bond is to ensure that the defendant will appear for future court hearings.

Victims have the right to be notified of any release hearings and to make a statement to the court regarding reduction or modification of current release conditions. Crime victims will be notified of these hearings typically by mail; however, last-minute hearings do get set by the court.  If there is not enough time to notify the victim by mail regarding a specific hearing, Victim Services will attempt to contact the victim. The advocate will go over with the victim what their rights are regarding the release hearing and ask them if they would like the advocate to attend the hearing with them.  If for some reason, the victim does not wish to attend, or are unable to attend, they may supply a statement to their advocate. The statement will then be delivered to the court for all concerned parties to hear the victim’s concerns/wishes. The statement should include any concerns the victim has about their safety and any firsthand knowledge of the defendant not following the orders of the court should the judge decide to release the defendant from custody.

When setting bail, the judge can also place any reasonable conditions on the defendant’s release to ensure the victim is not harassed.  It is important the victim understands that a “no contact” order may be requested.  This “no contact” order may include instructing the defendant to have NO CONTACT with the victim in person, on the phone, by written communication (including e-mail and text) and also through third-party contacts, such as a friend or family member or social media.

If the victim is ever harassed, threatened or bothered by the defendant, his or her friends or family during the case, instruct them to contact the police first and then contact their victim advocate.

The victim of a crime has the right to decide whether they would like to grant or refuse to submit to a pre-trial/defense interview, deposition or other discovery requests by the defendant’s attorney or investigator. If the defense attorney wishes to interview the victim, he or she must make his/her request through the Deputy County Attorney. The assigned victim advocate will notify the victim them of their rights regarding the pre-trial/defense interview and the victim will be requested to decide whether or not they want to agree to do the interview.  If the victim agrees to an interview, they are entitled to the following rights:

• Talk to the defense attorney (with or without their own lawyer present, if they have one);
• Insist that a member of the County Attorney’s Office be present (which can include their assigned victim advocate) before they speak with the defense attorney;
• Be accompanied to the interview by a relative or support person;
• Terminate the interview at any time; and
• Place reasonable conditions for the interview (date, time, duration and location).

There are several different things that may take place at a pre-trial conference.  A defendant who has been offered a plea agreement may enter into a change of plea at the pre-trial conference, or may advise the court that the defense and prosecution have reached a plea agreement and request that the court schedule a change of plea hearing to a later date and time. However, should the state and defense be unable to reach a plea negotiation, they may request the court schedule a firm jury trial.  Additionally, a defendant may also request to have the court modify the defendant’s release conditions. If this request is made, the victim has the right to address the court regarding this issue. The court may also hear and decide on other pre-trial matters or rule on pending motions.  Often times pre-trial conferences are rescheduled due to on-going discovery and defense needing more time to prepare.

As a victim, you have the right to confer with the Deputy County Attorney prior to any offer being extended to the defendant.  Prior to any “firm trial setting,” the Deputy County Attorney may contact you either by letter, telephone or mail to advise you of what plea agreement may be offered to the defendant.  Plea agreements provide the State, as well as the victim, with a guaranteed conviction.  Plea agreements do require that the defendant enter a plea of guilty or “no contest” (meaning the defendant does not admit guilt, rather the defendant admits the truth of the facts alleged in the indictment) to a crime(s) without having to go through the process of a jury trial.  A plea agreement also limits the defendant’s ability to file an appeal.  However, in order to get a guaranteed conviction, lessen the appeal avenues, and get the case over in a much shorter length of time, this usually requires that the State agree to a reduction in charges, commitment not to pursue other charges against the defendant, and/or a guarantee of a lesser sentence.  The plea agreement provides that the defendant will plead guilty or “no contest” to a crime or crimes without a trial.  It is important to note that a victim’s right to confer with the Deputy County Attorney about the case does not, in any way, afford the victim of a crime the right or the power to direct the prosecution of a case.  Based on ethical and legal reasons, ultimate control over the prosecution of criminal cases lies exclusively with the County Attorney.  The DCA will take several items into account but not limited to such as victim’s input, likelihood of trial and strength of case.

If an agreement is reached between the state and the defendant, the court could set a change of plea (COP) hearing and the victim will be notified as to the date and time of the hearing.   The victim also have the right to be present at the hearing and to make a statement directly to the judge expressing your opinion about the plea agreement.  The judge may consider the victim’s opinion when deciding whether to accept or reject the plea agreement.  If the plea agreement is accepted, the judge will enter a finding of guilt against the defendant and in most cases schedule a sentencing date approximately four weeks from the date of the change of plea hearing.

VICTIM RIGHTS AT COURT PROCEEDINGS

Victims are granted specific rights during court proceedings.  They have the right to:

• be present at any court proceeding that the defendant has a right to be present at;
• be accompanied to any judicial proceeding by a support person, unless that person is a witness in the case;
• make a statement to the court at any proceeding in which the court considers the release of the defendant, a change of plea or the sentencing;
• have the court provide appropriate safeguards to minimize any contact that might occur between the defendant, the victim, their family and friends;
• not testify regarding their address, telephone numbers, place of employment or other location information unless you consent or the court orders disclosure on finding that a compelling need for the information exists;
• request the prosecutor to have the court reconsider the defendant’s release from pre-trial custody. If the prosecutor decides not to do this, the victim advocate will inform the victim of that decision and of their rights to petition the court to have the defendant’s release revoked based upon the notarized statement that harassment, threats, physical violence or intimidation against the victim or immediate family has occurred by the defendant or on behalf of the defendant; and
• have the court, prosecutor and law enforcement officials take appropriate action to ensure a speedy trial.

By law, if the victim’s employer is in Arizona and has 50 or more employees, they have the right to leave work to attend court proceedings in their case; and the victim’s employer may not take negative actions against them, such as dismissal or discrimination, due to their leave.  An employer may, however, limit the right to leave, if it would create an “undue hardship.”

Upon the request of the victim, the victim advocate can assist them in exercising their rights at any judicial proceeding.  Furthermore, the victim may exercise their right to be heard in the form of an oral statement, a written statement, audio tape or a video-taped statement A.R.S. 13-4428.

Last, the victim is not required to attend any court proceedings unless they receive a subpoena, but their attendance may be requested by the prosecutor or the victim advocate.

For more information, please look at our Crime Victims’ Right to Leave Work brochure.

Only a small percentage of cases actually result in a trial.  At trial, the guilt of the defendant will be decided by a jury or a judge.  Prosecution, witnesses and defense witnesses will be subpoenaed (summoned) in advance to testify before a judge, or a judge and a jury. Once the jury is selected and sworn, the prosecution and the defense make opening statements to the jury to explain the case.

The Deputy County Attorney assigned to prosecute the case will begin by presenting the case against the defendant.  This is commonly referred to as the “state’s case in chief.”  It is the burden of the state to prove “beyond a reasonable doubt” that the defendant committed the crime(s) charged. The defense attorney will then have an opportunity to present its case in chief.

Most evidence will be in the form of testimony from witnesses. Witnesses will be called to testify under oath and may be cross-examined by the opposing side. Witnesses are excluded from the courtroom until they testify.  However, the victim, has the right to be present throughout the trial, regardless of whether they testify.

At the end of the case in chiefs, the judge will then instruct the jury on the law governing the case and their duty as jurors, attorneys for the prosecution and defense make final arguments to the judge or jury.  Finally, if need be alternates for the jury will be selected and the judge will order the jury to deliberate.

If the evidence convinces the judge or a unanimous jury that the defendant committed the crime(s) beyond a reasonable doubt, then a guilty verdict will return. The case will then be scheduled for sentencing.

If the jury or judge is not convinced beyond a reasonable doubt, a verdict of “not guilty” is returned and the charges against the defendant are dismissed. If the jury is unable to reach a verdict the judge will declare a mistrial. The State may then request the case be retried, and a new jury will be selected.

If the defendant is convicted at trial, or pleads guilty as a result of a plea agreement, a pre-sentence report could be ordered. The pre-sentence report is prepared by a probation officer. The pre-sentence report includes information about the defendant, the victim, the crime and previous criminal history, and a recommendation for a specific sentence.

The victim has a right to provide the probation officer with information regarding the effect the case has had on their life, which will be included in the pre-sentence report. The information in the report will be presented to the judge, prosecutor and defense attorney.

At this stage, the victim has a right:

• To read the pre-sentence report when it is available for the defendant;
• To be present and give evidence or information to the judge at the time of sentencing; and
• To request the court order the defendant to pay restitution for economic losses that are a direct result of the crime.

The defendant may then be sentenced to jail, prison or probation and/or required to meet conditions set by the judge. If the defendant is placed on probation and fails to meet the conditions set by the judge, then probation may be revoked and the sentence modified by the court.

The procedure for misdemeanors is a little different.  If the defendant is arrested, they will have an initial appearance as described above.  The judge will set release conditions as described above. However, the defendant will not have a preliminary hearing and the case will not be presented to the grand jury. Instead, law enforcement submits the complaint to the respective court and the case begins or if law enforcement submits the case to the County Attorney’s Office a prosecutor will review the police reports and any other evidence and then file a complaint charging a defendant with a crime.

The next hearing will be an arraignment at a justice court. If the defendant does not appear, a warrant for their arrest may be issued. At the arraignment, the judge will enter a not guilty plea on the defendant’s behalf and an attorney will be appointed to represent the defendant if they qualify for an attorney and cannot afford to hire one.

The next hearing will be a pre-trial conference. At that hearing, the defendant may decide to enter into a plea agreement that day. The case may be set for trial or the defense attorney may ask for another pre-trial conference a few weeks later. If the defendant enters into a plea agreement, they will probably be sentenced that day. The defendant may receive probation or ordered to serve a jail sentence. The defendant cannot be sent to prison for a misdemeanor.

If the case goes to trial, it may be decided by a jury or by a judge. The prosecutor will present evidence and witnesses against the defendant. The defense attorney will have an opportunity to cross-examine the prosecutor’s witnesses and to present evidence and witnesses on the defendant’s behalf. The defendant may or may not to testify at the trial. The prosecutor must prove beyond a reasonable doubt that the defendant is guilty of the crime they are charged with committing. If there is a jury, their decision must be unanimous. If the defendant is found guilty at trial, they may be sentenced the same day or there may be a sentencing hearing a few weeks later.

The purpose of this court is to fast track cases that the charging Deputy County Attorney deems appropriate. This court is in place to decrease the time cases spend in the criminal justice system and allow for a quicker resolution for all parties.  There a number of different factors the attorney takes into consideration such as the defendant’s prior offenses, the offense itself, the defendant’s willingness.

If the attorney determines a case is appropriate for EDC he/she will notice the court of the determination.  A summons will be sent to the defendant (if the defendant is out of custody).  The court will set the case on the EDC calendar for arraignment.

The arraignment hearing is handled a little different than regular Superior Court. At the time of arraignment, the defense attorney will have met with the prosecutor and been informed of what is being offered (plea agreement). In turn, the defense attorney will speak with the defendant and advise of such. At this time the defendant is advised of his/her options.

The defendant could either accept the plea agreement that is being offered. If the defendant accepts the plea they also have to accept the terms.  If the defendant wants to proceed with the plea agreement they have to waive their right to a preliminary hearing and/or grand jury presentment where probable cause has to be found.

If the defendant is not willing to accept the plea agreement it is the state’s decision on how to proceed.  The state will offer the defendant the choice to waive their right to a preliminary hearing and move forward without accepting the plea. This is known as a straight waive. At that time the defendant is arraigned and the case is removed from EDC and assigned to a judge the case moves along in normal fashion.

If the defendant is not willing to sign a straight waive the state can either submit the case to the grand jury or preliminary hearing for a formal indictment. This will remove the case from EDC.

If the defendant does agree with the offer and signs the plea agreement the court will allow the defendant to enter the plea agreement and could sentence the defendant then, but usually sets the case for a sentencing hearing a couple of weeks out.

*Please note this is the typical flow for standard cases in Pinal County Superior Court. However, Pinal County is consistently implementing new and innovative approaches aligned with evidence-based practices that are aimed at restoring victims, encouraging positive behavioral changes with defendants, reducing recidivism and creating safer communities.