Best Criminal Defense Lawyers Mesa, AZ Of 2024 – Forbes Advisor – Technologist

The following outlines the general legal process for felony and misdemeanor cases in Mesa, AZ:

Arrest. A law enforcement officer arrests the individual upon observing an alleged crime or the issuance of a warrant for arrest by a judge after probable cause is established that the individual committed a crime.

Initial hearing. A judge informs the defendant of the charges and the right to have an attorney. The judge appoints a public defender if the defendant cannot afford one for a felony charge and certain misdemeanors. The judge sets a bail amount and other release conditions and schedules an arraignment date.

Indictment. If the judge concludes that there is probable cause that the defendant committed the crime, the defendant is held for trial and an arraignment date is set. A grand jury convened by the court may also determine probable cause.

Arraignment. The defendant enters a plea of guilty, not guilty or no contest. No contest means the defendant does not accept or deny responsibility for the charges but waives the right to a trial and agrees to accept the legal penalty for the crime. Importantly, a no contest plea cannot be used against the defendant in another cause of action.

If the defendant pleads not guilty, the judge will set a pretrial conference or trial date. At this time, the judge will appoint a public defender if the defendant is deemed unable to afford a private attorney. A trial judge will also be assigned. If the defendant pleads guilty or no contest, the judge will set a sentencing date.

Trial. Defendants charged with felonies and certain misdemeanors have the right to a trial before a judge or a jury.

Sentencing. If the defendant enters into a plea agreement or is found guilty after a trial, a sentencing hearing is held. A probation officer submits a report to the judge recommending a sentence. The defendant and their attorney have the opportunity to speak during the hearing.

Resolving a Criminal Case in Arizona

A criminal case against a defendant who pleads guilty or is found guilty by a judge or jury can be concluded in several ways:

Plea agreement. In a plea agreement, also known as a plea bargain, the defendant admits they are guilty of the crime in return for the prosecutor making a concession, such as reducing the charges or recommending a lesser fine or sentence. However, the judge is not required to honor the deal made by the prosecutor.

Sentencing. A defendant is sentenced after pleading guilty or being found guilty by a judge or jury. A defendant may be sentenced to pay a fine, serve prison time or serve a probationary period. Certain felonies, including bank robbery, tax evasion and crimes against federal officers, are prosecuted under federal law while other felonies and misdemeanors are prosecuted under the Arizona Criminal Code (Arizona Revised Statutes Title 13).

Sentencing can be mitigated by factors including the defendant’s age, capacity to understand what they did wrong, being under duress when the crime was committed and their role in committing the crime. Aggravating factors include the defendant’s infliction of or threat to inflict serious physical harm while committing the crime, use of or threat to use a deadly weapon while committing the crime, use of an accomplice and how the defendant committed the crime, for example, if the defendant’s actions were especially cruel or depraved.

Penalties for committing a non-dangerous felony range for the first time from a maximum of 12.5 years in prison with aggravating factors and three years with mitigating factors to two years with aggravating factors and less than six months with mitigating factors. Committing a non-dangerous felony for the fourth time could result in a prison sentence of up to 35 years with aggravating factors.

Dangerous felony offenses involve the discharge, use or threatening exhibition of a deadly weapon or the intentional or knowing infliction of serious physical injury on another person. No mitigating or aggravating factors are applied in this category of offenses. In Arizona, the only Class 1 felonies are first-degree murder, punishable by life in prison or death, and second-degree murder, punishable by 16 years to life in prison. Other classes of dangerous felony offenses are punishable by seven years to 21 years in prison for a first-time Class 2 offense and one and a half to three years in prison for a first-time Class 6 offense. The more prior convictions, the longer the minimum and maximum sentences.

Sentences for various misdemeanors in Arizona range from a maximum of six months in jail and a $2,500 fine to no jail time and a $300 fine. Class 1 misdemeanors include operating a motorized watercraft while intoxicated, dumping trash on private or public property and disorderly conduct. Class 2 misdemeanors include contempt of court, failure to procure or exhibit a business license and failure to comply with a police officer. Class 3 misdemeanors include loitering, wildlife habitat protection violations and failure to stop after hitting an unattended vehicle.

A judge may order a period of supervision over a convicted defendant instead of serving a prison sentence called probation. Types of probation include:

• Supervised probation. This is the most common form of probation in Arizona and requires an individual to regularly check in with their probation officer, who reports their progress to the court.
• Unsupervised probation. Certain monitoring is required, but regular check-ins and home visits are not required.
• Courtesy supervision. An individual is placed on probation in one Arizona county but lives in another county within the state.
• Intensive probation. The individual is monitored 24 hours a day, seven days a week, and must make weekly office visits. As part of the court monitoring, the individual must also regularly submit their paychecks.

Parole. An inmate can be released from prison to serve the remainder of their term in the community as long as they comply with the conditions of their release and monitoring requirements. A more restrictive release program is house arrest, in which an inmate is released from prison but confined to their home and is subject to electronic monitoring surveillance. Individuals under house arrest may be permitted to leave home to work or attend mandated treatment programs.