What Happens After an Arrest in Pima County? A Step-by-Step Look at the Criminal Process
If you are arrested in Pima County, you may be uncertain about what comes next and how to navigate the court system. While the law states that everyone is innocent until proven guilty, the criminal process can make you feel as though your only option is to plead guilty. However, you have the right to defend yourself, and the best way to do that successfully is with the help of an experienced criminal defense attorney. Criminal lawyers navigate the court system daily, and they have close professional relationships with prosecutors and judges, so they can assist in negotiating plea deals, submitting pretrial motions, or even getting your charges dismissed.
In Pima County, the criminal process begins immediately after you’re arrested, and there will be several important deadlines to keep track of, along with complicated paperwork and legal documents to submit. Here’s a closer look at what you can expect.
Arrest and Booking
When you’re arrested for a felony offense (or a misdemeanor outside of city limits) in Pima County, you will be taken to the Pima County Jail for booking and processing. Your fingerprints and photos will be taken, and you will be assessed for any medical or mental health issues that require special accommodations. After booking, you’ll be moved to a group holding cell for up to 24 hours until a release decision is made. If you are not released before your trial, you’ll be moved to a 1- or 2-person cell.
When you are taken into custody, you will have the opportunity to make phone calls to a relative or loved one, an attorney, and a bail bondsman if needed. It is a myth that you only get one phone call. You can contact several people as needed, and you should always make sure that you or a loved one contacts a defense attorney to represent you. Note that calls you make to loved ones may be recorded, but calls to your attorney are not.
If you are arrested for a minor offense like trespassing or shoplifting, you may not need to go through the formal booking process. Instead, you may be issued a citation, which will have a court date that you must attend. It is advisable to consult a criminal lawyer prior to the court date so you know what to expect and how to facilitate the best possible outcome when you appear before a judge.
Initial Court Appearance
Your initial court appearance will occur within 24 hours of your arrest, and the judge will set a date for your next court hearing and determine whether you are eligible to be released. You may be released on your own recognizance, on bail or bond, or held without bond depending on the severity of the crime, your criminal history, and other risk factors. If you are released, you must attend your next court hearing, or a bench warrant will be issued for your arrest, and you may face additional criminal charges. It is very important to have a defense attorney representing you at your initial court appearance, as they can make the best possible argument for your release, allowing you to prepare for your trial from the comfort of home and with the full support of your family and loved ones.
Formal Charges
The prosecutor will review the evidence in your case and determine if it is adequate for formal charges to be filed. If it is, the evidence will be presented to a grand jury or a judge at a preliminary hearing within 10-20 days.
Arraignment
Your next court appearance will be the arraignment, which is when you will submit a plea. In some cases, it may be beneficial to accept a plea deal, for which you may enter a plea of “guilty” or “no contest” in exchange for reduced sentencing or lesser charges. Otherwise, you will submit a plea of “not guilty” and prepare for trial.
Pre-Trial
Pre-trial includes discovery and pre-trial motions, both of which can significantly influence the outcome of your case. Discovery is the process of building a case and submitting evidence to the court. Pre-trial motions are tools used to set boundaries for the trial. For example, your attorney might fight to keep certain evidence from being presented at the trial because it is not directly relevant to the case.
Trial
Trials may last anywhere from one day to several weeks, depending on the circumstances of the case. Your criminal defense attorney will walk you through the entire process and let you know what to expect and how to present yourself in court. In most cases, a jury will be appointed to determine whether or not you are guilty.
Sentencing
If you are found guilty at trial, you will be sentenced by the judge at a later hearing and held in Pima County Jail until that hearing. Victims and their families will have an opportunity to speak, and you will have a chance to accept responsibility for the crime and express remorse. After sentencing, you will be transported to the Arizona Department of Corrections.
Appeals
If you feel that you were not treated justly during the course of your trial, you may file an appeal. The appeals process is highly complex and often lengthy, and if successful, it will result in a new trial.
If you’re arrested for any crime in Pima County, don’t leave anything to chance. Count on Janet Altschuler to provide aggressive, dedicated representation to uphold your rights and fight for the best possible outcome in your case. Ms. Altschuler is a former prosecutor herself, so she understands the intricacies of the justice system and can help you navigate your case through every step of the process. Call 520-247-1789 or 520-200-5003 any time to reach Ms. Altschuler and get the representation you need from an experienced criminal lawyer.