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El Mirage City / Municipal Court Information

Arrested in El Mirage, Arizona? Call Today for Help!

If you are facing charges and have been ordered to appear at El Mirage City Court, it is essential for you to understand the process and to know what to expect. Getting help from an experienced El Mirage Defense Lawyer at DM Cantor might help you to secure a successful resolution to your case.

Below is information regarding El Mirage City Court, its process, and the different cases it handles.

Watch this video from David Michael Cantor talking about the El Mirage City Court/ Municipal Court: Insert Link here

TYPES OF CASES HANDLED BY EL MIRAGE CITY COURT

The El Mirage City Court has limited jurisdiction to hear misdemeanor cases that have occurred within the city limits. It shares jurisdiction to listen to misdemeanors with the Justice Court. El Mirage City Court handles traffic violations, violations of local ordinances, and misdemeanors. All cases with court dates in City or Magistrate courts, such as El Mirage City Court, are misdemeanors. Some common misdemeanors that are heard in El Mirage City Court include the following:

  • DUI offenses
  • Driving with a suspended license
  • Petty theft
  • Some cybercrimes (Ex. Stalking or bullying)
  • Misdemeanor assault/domestic violence
  • Trespassing
  • Minor sex crimes (Ex. Prostitution, indecent exposure)

LANGUAGE AND DISABILITY ACCESS

The El Mirage City Court offers onsite Spanish translators and documents supplied in multiple languages. You can also submit a request to the court if you need additional language services. Regarding disability access, if you have a disability, you can provide a notice in advance for disability services.

COURT ROOM STANDARDS

While your case is going through the El Mirage City Courts process, it is crucial to consider the following standards:

  • No weapons, smoking, food, or drink in the courtroom
  • Whenever the court is in session, make sure to sit quietly and avoid creating distractions
  • When you are addressing the court, do not lean on the podium
  • Wear suitable clothing
  • You should turn off cell phones or technological devices

THE PROCESS OF EL MIRAGE CITY COURT

ARRAIGNMENT HEARING

An Arraignment hearing is your first appearance in which 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.

During this portion of your case, a lawyer can negotiate to reduce the charges or secure a lesser sentence in your case. In cases where negotiations cannot reduce sentencing, an attorney may successfully fight the charges later on at a jury or bench trial.

Since misdemeanor offenses carry a possible jail sentence, it is a good idea for you to hire a lawyer before your arraignment so that they can appear with you. At the end of the arraignment, you will be asked whether you plead guilty, not guilty, or no contest. If you do not have a defense lawyer present, do not enter a guilty or no contest plea. If you enter a plea of not guilty at the end of your arraignment, you will receive a future court date to appear.

PRETRIAL CONFERENCE

During the pretrial conference, you and your attorney, if you decided to hire one, will have the opportunity to meet with the prosecutor to try and negotiate a better plea offer. If any problems occurred within your case, your lawyer might file a motion. A motion can be used 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.

At the end of the pretrial conference, you will decide if you accept or do not accept the plea offer. If you decide to accept a plea offer then you will change your plea in front of the judge. However, if you choose not to accept the plea offer, you may either plead guilty to the court or have your case set for trial.

EVIDENTIARY HEARING

At a motions hearing, you will have the opportunity to hear the officer testify. Your lawyer will be able to challenge them 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 a trial. Your case will be set for trial if you cannot resolve your matter through the negotiations process.

JURY OR BENCH TRIAL

If you do not succeed at a motion hearing and cannot resolve your case through the negotiations process, your case will be set for trial. You have the right to a jury trial or can opt to have your case heard by a judge in a bench trial. Your lawyer will discuss your rights with you to help you understand which option might be best for you in this particular case.

At your trial, the prosecutor will call witnesses to testify against you. Your lawyer will be able to cross-examine each witness. You also will have the right to testify. However, it may not be a good idea in some cases. Your lawyer can provide you with some guidance on whether or not you might want to testify in your own defense. You are also able to call a witness to testify in your defense case.

Once the prosecution and the defense have finished presenting evidence, they will give closing statements before the case is sent to a jury. Finally, the jury will deliberate and will return its verdict. The judge will sentence you according to the type of offense and level of the misdemeanor of which you are convicted.

SENTENCING MISDEMEANOR CRIMES IN EL MIRAGE

In Arizona, misdemeanors are divided into three classes that denote how serious they are. 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 than DUIs are as follows:

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

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.

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:

  • Class 1 misdemeanors – up to $2,500
  • Class 2 misdemeanors – fine up to $750
  • Class 3 misdemeanors – fine up to $500

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

Under A.R.S 13-902, the magistrate may sentence you to 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 (3) years for Class 1 misdemeanor
  • Two (2) years for Class 2 misdemeanor
  • One (1) year for Class 3 misdemeanor

EL MIRAGE DUI CHARGES IN CITY COURT

DUI cases are among the most significant number of misdemeanor offenses heard in the El Mirage City Court. In addition, the potential penalties for DUI convictions are pretty severe.

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 is tested at 0.05% to 0.79%, it will give 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 than 0.05%, there would be a presumption that you were not impaired. 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%. This is why you should get help from an experienced criminal defense lawyer if you have been charged with DUI.

POTENTIAL PENALTIES FOR DUI CASES IN EL MIRAGE CITY COURT

The penalties you might face for a DUI conviction in El Mirage City Court will depend on a few factors, including whether you have prior DUI convictions and your blood alcohol concentration. If your blood alcohol concentration was .15% or higher, the penalties will be enhanced from the ones listed below. For a second or subsequent offense within several years, the penalties will be even higher. Therefore, you should seek legal help as soon as possible when you have been charged with any DUI offense and have been ordered to appear in El Mirage City Court The potential penalties for the first DUI conviction include the following:

  • Ten 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 an ignition interlock device for one year
  • Pay fine of $250
  • $500 to the State Treasurer Prison Construction Fund
  • $500 to the Public Safety Equipment Fund
  • Attendance a traffic safety and survival school
  • Complete an alcohol assessment and receive alcohol counseling

FINES AND COURT CASES

In regards to fines, costs, and fees, these will range on a case-to-case basis. It is your responsibility to determine in advance if you have any fines and what amount is being charged. If you are unable to pay a payment in full within the time allowed, you should notify the El Mirage court in writing for an extension. It is your responsibility to inform the court and request an extension. If you fail to pay the fine within the allowed time, your license can be suspended and a warrant issued for your arrest (criminal cases only).

HOW CAN AN EL MIRAGE DEFENSE ATTORNEY HELP?

All misdemeanor cases carry the potential for jail time, substantial fines, and other penalties. Your attorney can help by reviewing the evidence, identifying all of the defenses you might raise in your defense, and securing a plea for a lesser offense or an alternative sentence. 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:

14010 N El Mirage Rd c,

El Mirage, AZ 85335

Phone:

(623) 815-2186

Court Business Hours:

Monday- Friday 7:00 am- 5:30 pm

Directions:

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