By Josh Hamilton on
An arraignment hearing is a formal court proceeding where a defendant is officially informed of the criminal charges against them. This is the first time the accused is brought before a judge concerning the felony charges, following an indictment or the filing of a criminal complaint. An arraignment hearing is critical because it sets the stage for how your felony case will proceed in Arizona. Ensure you have access to the highest quality criminal defense services and representation in Arizona.
Purpose of the Arraignment
The main purposes of an arraignment are:
- To formally notify the defendant of the felony charges.
- To inform the defendant of their rights.
- To ensure the defendant has legal representation or is allowed to obtain counsel.
- For the defendant to enter a plea.
Timeline and Process for Felony Arraignment in Arizona
When Does the Arraignment Occur?
In Arizona, the arraignment for a felony typically happens within 24 hours if the defendant is in custody, although this can vary based on the specific circumstances of the case. For those not in custody, the arraignment usually happens shortly after charges are filed or a grand jury indictment is issued.
Court Location
Arraignments for felony cases in Arizona typically occur in the Superior Court. However, if charges are brought by the federal government, the arraignment would take place in a federal district court.
What Happens During the Arraignment?
At the arraignment preliminary hearing, the court proceedings generally follow a structured process:
Reading of the Charges
The judge or court clerk will formally read the charges against the defendant. These charges are derived from the indictment or criminal complaint.
Explanation of Rights
The judge will ensure that the defendant understands their constitutional rights, which include:
- The right to remain silent.
- The right to a public and speedy trial.
- The right to legal counsel, including a public defender if the defendant cannot afford an attorney.
- The right to confront witnesses.
This step is vital because it protects the defendant from proceeding without an understanding of the legal safeguards available to them.
Appointment of Legal Counsel
If the defendant does not have an attorney, the judge will inquire whether the defendant can afford to hire one. If the defendant cannot, the court will appoint a public defender. Since the burden is on the prosecution to prove the charges beyond a reasonable doubt, the defendant can fight to protect their rights with the help of a skilled Arizona criminal defense lawyer.
Entering a Plea
Once the defendant has been informed of the charges and their rights, they will be asked to enter a plea. The possible pleas include:
- Defendant Guilty: Admitting to the crime, which typically leads to sentencing.
- Plead Not Guilty: Denying the charges, leading to pretrial motions and potentially a jury trial.
- No Contest Plea (Nolo Contendere): The defendant does not admit guilt but also does not contest the charges, which may lead to sentencing without an admission of guilt.
In felony cases, defendants usually enter a “not guilty” plea at the arraignment to allow time for further legal strategy and negotiations.
Bail or Release Conditions
Following the plea, the judge will determine whether the defendant should remain in custody or be given a release pending trial. In Arizona, this involves assessing bail or imposing release conditions. Factors considered in setting bail include:
- Flight Risk: If the judge believes the defendant may flee, bail might be set higher or denied altogether.
- The Severity of the Crime: For more serious felonies, especially violent crimes, bail is often set higher.
- Danger to the Community: Defendants perceived as dangerous may face stricter release conditions.
The judge may set bail, allow release on recognizance (without the requirement of posting bail), or, in some cases, deny bail entirely. For particularly serious offenses, such as capital crimes, Arizona law permits the denial of bail.
Potential Outcomes After the Arraignment
Pretrial Conferences
Once the arraignment is completed, the case moves to the pretrial phase. This includes discovery, motion filing, and plea negotiations. The defense and prosecution may engage in discussions to resolve the case before trial court hearings.
Plea Bargaining
In Arizona, the majority of criminal cases are resolved through a plea bargain. A plea agreement may be negotiated between the prosecution and defense at any stage before the trial date or during the trial. The terms of the agreement may involve the defendant pleading guilty to a lesser charge or receiving a reduced sentence in exchange for avoiding a trial.
Motion Hearings
If the defendant pleads not guilty, the defense may file motions such as:
- Motion to Dismiss: Arguing that the charges should be dismissed based on insufficient evidence or legal errors.
- Motion to Suppress Evidence: Seeking to exclude evidence obtained unlawfully.
Constitutional Rights at an Arraignment Hearing
During an arraignment, a defendant in Arizona is protected by both the Arizona and U.S. Constitutions. Key rights include:
- The right to an attorney: Ensuring adequate legal representation, either privately hired or court-appointed.
- The right to be informed of the charges: The defendant has the right to fully understand the nature of the felony charges being brought against them.
- The right to enter a plea voluntarily: The defendant must make a plea knowingly and voluntarily, without coercion.
What Happens If You Fail to Appear for the Arraignment?
If a defendant fails to appear for their arraignment hearing, the court can issue a bench warrant for their arrest. Missing a court date is a serious offense that can result in additional charges, increased bail, or even denial of bail upon re-arrest.
Common Felony Charges in Arizona Arraignments
Felony arraignments in Arizona can involve a wide range of criminal charges, including:
- Drug Offenses: Possession, trafficking, or manufacturing controlled substances.
- Violent Crimes: Assault, battery, and domestic violence.
- Property Crimes: Burglary, arson, and theft.
- White-Collar Crimes: Fraud, embezzlement, and money laundering.
Legal Representation at an Arraignment
Having a defense attorney present at your arraignment is critical for several reasons:
- Legal Advice: Your attorney will advise you on the plea that is in your best interest.
- Bail Negotiations: A skilled defense attorney can argue for lower bail or more favorable release conditions.
- Preservation of Rights: Your lawyer will ensure that all of your rights are upheld and that the prosecution follows proper legal procedures.
Get Our Experienced Arizona Criminal Defense Attorney on Your Side
If you are facing criminal charges in Arizona, the Law Office of Hernandez | Hamilton | Lamoureux is here to defend you. Our seasoned criminal defense lawyer team has fought—and won—in every corner of Arizona’s criminal justice system. Don’t let the intimidatory tactics of the prosecution decide your future. Your fight is our fight and we will pursue every legal possibility to the fullest extent to defend your freedom. To schedule your free consultation, call us 24/7 at 520-882-8823 or contact us online.
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