Technically, an arrest is whenever an officer has placed you in custody. This can be as simply as forcing you to remain at a certain location (i.e., you are not free to leave). Officers are allowed to keep you for minor “investigatory detentions,” which would include brief detentions in order to write you a ticket. However, for purposes for this definition, we will assume an arrest is when you have actually been handcuffed and taken to another location (be it the police station, a police van, or actually being booked into jail and held to see a judge).

If you have been arrested for a misdemeanor in Phoenix then there is a good possibility you will end up at the 4th Avenue Jail in Downtown Phoenix.

Cite in lieu of detention (CLD): This is when the officer writes you a “Ticket” for a misdemeanor offense and then has you sign the bottom promising to appear in court on a certain date. He then hands you the traffic ticket and releases you either to a cab, a third party, or simply on your own. The next date on the traffic ticket is what is known as an “Initial Appearance”. For misdemeanor cases, it can be both an Initial Appearance and an “Arraignment”.

Stage 2: Your Initial Court Appearance / Arraignment

At the “Initial Appearance” the judge will: ascertain your true name and address; inform you of the charges against you; inform you of your various constitutional rights; consider any view or comments offered by the victim concerning the issues of Release (this usually occurs on assault and domestic violence cases); and determine your conditions of “Release”.

Stage 3: 4 Different Types of Release From Custody

The following information will be beneficial to those searching for information about the Four Types of Release, including bond release:

Own Recognizance (OR): This is where the judge simply releases you on a promise to appear at your next court date based upon the fact that you have established ties to the community and are not a risk to yourself or others. The judge will also look to see whether you have failed to appear for past court dates on other matters.

Third Party Release: This is where the judge releases you to a third party (usually your parents or spouse) with the promise that they will bring you to court. They will have to answer to the judge if you do not show up at one of your court dates.

Pretrial Services Release: This is normally seen only in felony cases. This involves the state’s agency monitoring you to make sure that you behave while you are out of custody and that you appear for all your court dates. This is similar to probation in that a surveillance officer could show up at your house at any time. If you are consuming alcohol, or have engaged in any illegal activities, they can inform the judge and have your release revoked immediately. Sometimes they will require you to wear an ankle monitoring device.

Bond Release: Bond release is a method whereby the judge sets a certain dollar figure for you to post which will guarantee that you will appear at your next court date. If you fail to appear, the judge can then order a “Bond Forfeiture Hearing” to determine why the state should not be allowed to keep your money. Sometimes a “Bonding Schedule” is posted on simple misdemeanors which designate an amount of money that a person can post in order to be released prior to seeing a judge. It is usually about $500.00 on most misdemeanor charges. If a “bail bondsman” is used, usually a member of the Defendant’s family or a Defendant’s friend will contact the bonding agency. They need to give the bondsman approximately 10% of the bond amount, and then the bondsman will post the entire bond with the Court. The 10% which is given to the bondsman is their fee and will never be recovered by the Defendant.

If a Defendant fails to appear in court, the bondsman will then send out a “bounty hunter” to track that person down and arrest them. They do this in order to make sure that the full bond amount is not forfeited by the judge at the bond forfeiture hearing.

For example, read some information about How to Post Bond from 4th Ave Jail.

Contact DM Cantor and speak to an attorney about the Four Types of Release, including bond release.

Stage 4: Pretrial Conference

The Pretrial Conference is held approximately every 30 days in court. This is where the judge makes sure that all discovery items (police reports, audio tapes, video tapes, blood and breath test results, etc.) have been turned over by the state to defense counsel. The judge also checks on the status of interviews and other matters that are necessary for the defense to prepare their case during the “discovery” phase of the case.

On misdemeanor cases, there will normally be three to four pretrial conferences before all of the discovery is complete. A “Plea Agreement” is then relayed to the defense attorney in order for him to sit down with the Defendant to discuss their next step.

It is also during the Pretrial Conference phase that ongoing plea negotiations are held with the prosecutor and various motions can be filed (if factually based) by defense counsel. These can be: Motions to Dismiss based on numerous constitutional violations; Motions to Suppress evidence based on police misconduct; Deposition Motions to force witnesses to appear and give testimony; Motions to Compel documents to be released from police custody; etc.

Stage 5: Plea / Sentencing

If a “Plea Agreement” has been reached between defense counsel and the prosecutor, and the Defendant chooses to accept it, then the Defendant can plead at the Pretrial Conference to whatever charge has been negotiated. When a “Guilty Plea Proceeding” is conducted, it takes roughly five minutes. The Defendant can then be sentenced at that time and his case will be concluded with the court system. This assumes, of course, that the Defendant then complies timely with whatever terms his Plea Agreement entails. If the terms of the Plea Agreement are not complied with, the judge can then issue an “Order to Show Cause” which will force the Defendant to come back into court to explain why he has not satisfied the terms of his plea. In felony cases, the Change of Plea and Sentencing cannot occur on the same date and a much more elaborate process is involved.

If a Plea Agreement is not reached during the Pretrial Conference phases, a Defendant can then have his case set for trial (either “Jury Trial” or “Bench Trial”). A Jury Trial would be comprised of six jurors from the community. A Bench Trial would involve doing the trial directly to the judge.

Stage 6: Jury Trial or Bench Trial

What is a Jury Trial in Arizona?

A misdemeanor “Jury Trial” is comprised of 6 jurors. A normal misdemeanor jury trial takes approximately 1 to 2 days, depending on the jurisdiction. At the close of all evidence, the jury decides whether you are “guilty beyond a reasonable doubt” (see “Sentencing” above), “not guilty beyond a reasonable doubt”, or whether they are unable to reach a unanimous verdict (a “hung” jury). If the jury “hangs”, the state can either move to dismiss the charges, negotiate a new Plea Agreement with defense counsel, or they can retry the Defendant on the exact same charges as many times as they wish until a verdict is rendered one way or the other. Misdemeanor jury trials are only allowed for seven (7) different types of cases: DUI, Shoplifting, Theft, Prostitution, Solicitation of Prostitution, Public Sexual Indecency, and Indecent Exposure. These are all known as “moral turpitude” crimes (i.e., the most serious misdemeanors).

What is a Bench Trial in Arizona?

A “Bench Trial” is a trial to the judge. All misdemeanors (except the seven (7) listed above) will be bench trials. The benefit of bench trials is that judges do not necessarily take the officers’ word for face value. They have been around long enough to know which officers are “straight shooters” and which ones tend to exaggerate. In addition, they will know good police investigation versus bad police investigation. The down side of a bench trial is that without a good private attorney, the conviction rates are much higher. (Studies have shown that 20% higher than with jury trials). A good defense attorney will put on a skilled case. It also lends the Defendant credibility based on who they have hired as their attorney (i.e., DM Cantor, ).

Stage 7: Appeal – Post Conviction Relief Petition (PCR) Habeas Corpus

Appeal: A Defendant has fourteen (14) days from the date of their sentencing to file a “Notice of Appeal”. Also filed along with that is a “Designation of Record”. This will designate all of the documents and tapes (or court reporter transcripts) which will be necessary for the appeal. The higher court then issues a “Briefing Schedule” which gives time limits on when the “Appellant’s Brief” is to be filed. The State can file a “Respondent Brief,” and the Defendant gets the last word with a “Reply Brief”. The judge can either rule on the pleadings or he can set the Appeal to “Oral Argument,” where the defense attorney and prosecutor show up to argue the case. The judge will then issue his ruling. If that ruling is not satisfactory, the Defendant can then appeal to the next higher court. This can go all the way up to the United States Supreme Court before a final indisputable ruling is handed down (i.e., Gore v. Bush in the 2000 presidential election).

Post Conviction Relief Petition (PCR): If a Defendant feels that he had ineffective assistance of counsel (this usually occurs with public defender cases), or newly discovered evidence has been found which supports his innocence, he then can file a “Post Conviction Relief Petition”. The rules state that a Defendant has ninety (90) days from the date of “Sentencing,” or thirty (30) days from the date of the last (final) appeal, to file a Post Conviction Relief Petition. If newly discovered evidence has been found, then a PCR can be filed any time. These are normally conducted on felony cases where people are serving long prison sentences. However, some people file a PCR even when they serve no prison time in order to simply have this black mark removed from their record.

“Habeas Corpus” is a Latin term for “that you have the body”. A Writ of Habeas Corpus is a motion which is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment. It may also be used to obtain review of the regularity of an extradition process, the right to or amount of bail, and the jurisdiction of a court which has imposed a criminal sentence. Most often this is used in Federal Court. The State Court system has other devices which can usually accomplish the same purpose.