If you are facing charges in Glendale, Arizona typically your case will be sent to the Glendale City Court. Getting help from an experienced Glendale Defense Lawyer at DM Cantor might help you to secure a successful resolution to your case.

Below is what you need to know about Glendale City Court, its process, and the different types of cases it handles.

Watch this video from David Michael Cantor talking about the Glendale City Court/ Municipal Court:

WHAT ARE THE TYPES OF CASES HANDLED BY GLENDALE CITY COURT?

The Glendale City Court shares jurisdiction to hear misdemeanors with the Justice Court. Glendale City Court handles, violations of local ordinances, traffic law violations and misdemeanors. Some common misdemeanors that are heard in Glendale City Court include the following:

• DUI offenses
• Misdemeanor assault
• Drug offenses, such as possession
• Reckless driving when no one was seriously injured
• Driving with a suspended license
• Criminal speeding
• Vandalism

WHAT IS THE GLENDALE COURT PROCESS?

ARRAIGNMENT

Your first appearance before a judge is called an arraignment. Arraignments in Glendale City Court begin at 8:30 am, and you should not appear late. Within this hearing the judge will advise you of the charges against you. In addition, 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 of 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.” You will be asked whether you plead guilty, not guilty, or no contest.

Due to misdemeanor offenses carrying a possible jail sentence, you have the right to be represented by an attorney during this hearing. It is a good idea for you to hire a lawyer before your arraignment so that he or she can appear with you. Having a good Arizona criminal defense attorney during your arraignment is important to insure you have the correct information when appearing before a Glendale City Court judge. It is also important to note that you should not enter a guilty or no contest plea without talking to a criminal defense lawyer.

PRETRIAL CONFERENCE

Your attorney will have the opportunity to meet with the prosecutor to try and negotiate a better plea offer at the pretrial conference. He or she may also file motions in your case. For example, if you have been charged with a DUI offense, your attorney may review the evidence to determine whether the officer conducted a traffic stop and investigation in a constitutional manner. If any problems occurred, your lawyer may file a motion to suppress some or all of the evidence against you. If your lawyer files evidentiary motions, a motions hearing will be set by the court.

EVIDENTIARY HEARING

At a motions hearing, you will have the opportunity to hear the officer testify. Your lawyer will be able to challenge him or her in cross-examination. In many cases, succeeding at a suppression hearing means that the prosecutor will be forced to dismiss the charges or perhaps reduce the evidence that the prosecutor can use against you in trial. Your case will be set for trial if you are unable to resolve your case through the negotiations process.

JURY OR BENCH TRIAL

In regards to your trial, your lawyer and you will discuss which option will be best for you in this particular case. It is important to note that you have the right to a jury trial or can opt to have your case heard by a judge in a bench trial. At whichever trial you opt for, the prosecutor will call witnesses to testify against you. Your lawyer will be able to cross-examine each witness for the defense. You also will have the right to testify as a witness, however, your lawyer can provide you with some guidance with whether or not you might want to testify in your own defense.

After the prosecution and the defense have finished presenting their evidence, they will give closing statements before the case is sent to jury. The jury will deliberate and will return its verdict. If you are convicted, you will be sentenced by the judge according to the type of offense and level of the misdemeanor of which you are convicted.

SENTENCING FOR MISDEMENORS IN GENDALE CITY COURTS

In Arizona, under A.R.S 13-707, class 1 misdemeanors are divided into three classes that denote how serious they are. The potential sentences for misdemeanor convictions other that DUIs are as follows:

• A maximum of 30 days in jail for a class 3 misdemeanor
• A maximum of four months in jail for a class 4 misdemeanor
• Six-month jail for class 1 misdemeanor

In addition to the potential for a sentence to incarceration, you may also be ordered to pay a fine. Under A.R.S 13-802, the fines that may be ordered for the different misdemeanor levels include the following:

• Up to $2,500 (Class 1 misdemeanors)
• Fine up to $750 (Class 2 misdemeanors)
• Fine up to $500 (Class 3 misdemeanors)

If you are convicted of a petty offense, you may be ordered to pay a fine up to $300.

Under A.R.S 13-902, the magistrate may sentence you top a term of probation. In most cases, a sentence of probation may be issued in lieu of jail time. The length of probationary sentence will depend on the class of your misdemeanor conviction as follows:

• Three years (Class 1 misdemeanor)
• Two years (Class 2 misdemeanor)
• One year (Class 3 misdemeanor)

It is important to note that if you are over the age of 18 and have been convicted of at least one previous misdemeanor offense within the past two years, you will be sentenced under the next higher class for your current misdemeanor conviction.

GLENDALE DUI CHARGES 

DUI cases in Arizona are handled differently than other types of misdemeanor offenses. Under A.R.S 28-1381, you can be charged with DUI if you drive or are in actual physical control of a car or other vehicle when you have drunk alcohol or have used drugs if you are impaired to the slightest degree. You can also be charged with a DUI if your blood alcohol concentration is found to be 0.08% or higher within two hours of when you drove.

This means that you may be charged with DUI when the prosecutor does not have information about your blood alcohol concentration such as if you refused a breath or blood test. It is also possible for you to be charged with a DUI even when your BAC was under 0.08%. If your BAC tested at 0.05% to 0.79%, it will be given rise to a presumption that you were not driving under the influence. However, the prosecutor can present evidence that you were impaired, and you could still be convicted. If your BAC was lower that 0.05%, there will be a presumption that you were not impaired. Again, however, the prosecutor may be able to rebut the presumption, depending on the facts of your case. IF you have a CDL and are charged with drunk driving while operating a commercial vehicle, you can be found guilty of DUI if your BAC tests at 0.04%.

DUI cases are among the largest number of misdemeanor offenses that are heard in the Glendale City Court. The potential penalties for DUI convictions are quite severe. It is important for you to get help form an experienced criminal defense lawyer if you have been charged with DUI.

POTENTIAL PENALTIES FOR DUI IN GLENDALE

The penalties that you might face for a DUI conviction in Glendale City Court will depend on a few different factors, including whether you have prior DUI convictions and your blood alcohol concentration. The potential penalties for the first DUI conviction include the following:

• 10 days in jail, but nine days can be waived by completing alcohol assessment and treatment
• Driver’s license suspension from 90 days to one year
• Mandatory installation of ignition interlock device for one year
• Pay $250 fine
• Pay $500 to the state treasurer prison construction fund
• Pay $500 to public safety equipment fund
• Traffic safety and survival school
• Alcohol assessment and counseling

If your blood alcohol concentration was .15% or higher, the penalties will be enhanced. You will face 90 days in jail, but you will be eligible for home detention after you serve six days. The fines will be higher, and your license will be revoked for one year. You will still have the other penalties that were listed above.

For a second or subsequent offense within several years, the penalties will be even higher. It is very important for you to get legal help when you have been charged with any DUI offense and have been ordered to appear in Glendale City Court.

HOW A GLENDALE DEFENSE ATTORNEY CAN HELP?

All misdemeanor cases carry the potential for jail time, substantial fines, and other penalties. It is important for you to talk to a lawyer before you enter a guilty plea. Your attorney can review the evidence that is being used against you to identify all of the defenses that you might raise in your defense. An attorney may be able to secure a plea to a lesser offense or to an alternative sentence that does not include jail time in some cases. If you want to fight the charges, your lawyer can thoroughly prepare you for a trial and represent you before the jury or judge.

Our attorneys are familiar with the city’s prosecutors, judges, and police officers and are available to anticipate how your case might be handled. This helps us to identify the potential defenses that can be raised so that you can obtain a better outcome. Contact us today to schedule a consultation by calling us at 602.307.0808.

Address:

5711 W Glendale Ave,

Glendale, AZ 85301

Phone:

(623) 930-2400

Court Business Hours:

Monday- Friday 8:00 am- 5:00 pm