What to Know About Criminal Traffic Court

It is mandatory that you attend the Pretrial Conference scheduled for your hearing.  You should appear with your attorney, if you have one.  If you do not attend the Pretrial Conference you will be in violation of a court order and a warrant will be issued for your arrest.

Anything you say during a Pretrial Conference can be used against you if you reject or the judge rejects the plea agreement.

The purpose of a Pretrial Conference is for you to meet with a Prosecutor to discuss your case.  You will get a copy of the police report, the complaint(s), accident reports, and any other evidence that they plan to use against you at trial.  You are not required to discuss the facts of your case with the Prosecutor.  The Prosecutor will advise you of the sentence they intend to recommend in the event you are found guilty.  Witnesses do not attend the Pretrial Conference, and no testimony is taken.

You will have the following choices:

• You can accept the plea agreement with the prosecutor and change your plea to "Guilty" or "No Contest"
  
  • If you do this you will receive a court date for a Change of Pleas, where you will be sentenced to the terms that you have agreed to in your plea agreement
• Reject the plea agreement and change your plea of "Not Guilty" to "Guilty" or "No Contest" directly to the Judge without agreeing on a sentence with the Prosecutor.
• You can keep your plea of "Not Guilty" and take the case to trial

If the Judge does not accept your plea agreement, you can then change your plea back to not guilty.

What is an initial appearance?

An initial appearance is the proceeding where you will be advised of the charges against you.  You will also be advised of your Constitutional Rights and possible penalties.

What is an arraignment?

An arraignment is the time in a criminal proceeding when you have an opportunity to plead guilty, no contest, or not guilty.  This is also the time when the conditions of your release will be determined.

What happens at an initial appearance?

You will either come to court or appear remotely.  You will be called, the Judge will read the charges, and explain what the charges mean.  The Judge will then ask how you plead, Guilty, Not Guilty, or No Contest.

What are the different misdemeanor categories mean?

Certain charges have what are known as mandatory minimum penalties.  This means that if you plead guilty or no contest or are found guilty, there is a minimum penalty described in the statute.  If your particular case does not have a mandatory minimum penalty, the Judge will advise you of that when you come up to the bench.

Misdemeanors come in three categories: class one, class two, class three.

A class one misdemeanor carries a maximum penalty of $2500, up to 6 months in jail, and up to 3 years probation.  An exception for example: a DUI has a maximum probation of up to 5 years.

A class two misdemeanor has a maximum penalty of $750, up to 4 months, and up to 2 years in probation.

A class three misdemeanor has a maximum penalty of $500, up to 30 days in jail, and up to 1 year probation.

In most cases, no matter what class of misdemeanor we are dealing with the minimum penalty may be a suspended sentence.

What if I plead not guilty?

If you plead not guilty, you will be given your court date in writing.  You must appear at that date and time.  When you plea is entered the court will set a pretrial conference date.  That is a date where you meet with a prosecutor to exchange evidence and see if the matter can be settled without going to trial.

What if I plead Guilty or No Contest?

If you plead Guilty or No Contest, you will be giving up your Constitutional rights, including the right to be represented by an attorney.  In most cases, if you plead Guilty or No Contest and the Court accepts the plea, you will be sentenced and that will terminate the matter.

How do I request a court appointed attorney?

You have the right to be represented at all court proceedings by an attorney.  If you cannot afford an attorney, you may fill out a request for a court appointed attorney.  Even if you are indigent, in certain cases, you may not be allowed to have a court appointed attorney. One of the considerations is if the charge has no mandatory jail time upon conviction.  The request would be reviewed and a determination made by the Judge whether or not you qualify for a court appointed attorney.  You may be required to pay the court back for part or all of the court attorney fees.

Criminal Traffic Court Hearing Procedure

1. You will appear at the court trial with your attorney, if you have one representing you
2. The State (prosecution) will present its case first by calling witnesses to testify against you
3. After each prosecution witness has finished giving testimony, you will have the right to ask that witness questions.  Your questioning must be based in facts, not emotions.  Do not argue with witnesses or attempt to tell your side of the story at this time.  You will have an opportunity to tell your version of facts later
4. After the prosecution has presented their case, you may present your case.  You have the right to call your own witnesses
   • This is when you can testify
5. Once you are done presenting the state can present any evidence they have in rebuttal
6. At the end of the trial, you will have an opportunity to summarize your case to the jury, or , in a non-jury case, to the Judge.  At that time, you may present any evidence-based arguments that were brought up in the hearing
7. The judgment will be based on the facts and evidence presented during the trial

Things to Know:

• Depending on the alleged offense, you will be entitled to a jury trial or a non-jury trial
• You are entitled to hear all the testimony introduced against you
• You may testify on your own behalf.  If you do testify, you will be subject to cross-examination by the Prosecutor
• You have the right to cross-examine any witness who testifies against you.  You have a right to testify on your own behalf.  You also have a Constitutional right to not testify.  If you choose not to testify, your refusal cannot and will not be used against you in determining your guilt or innocence.
• You can have the Court issue subpoenas for witnesses to ensure their appearance at trial.  Requests for subpoenas should be made well in advance so that you have time for them to be served properly.

If you are found Not Guilty, any bond that you have posted will be refunded.  If you are found Guilty, you may be sentenced at that time or a date will be set for sentencing at a later time. The amount of any jail sentence, fine, fee, restitution, or probation assessed by the Court is affected be the facts and circumstances of the case and your prior criminal record.  Circumstances may lower or increase the amount of jail, fine, or probation.  For some offenses, there are statutory minimum sentences which the Judge must impose.

If found Guilty, you have the right to appeal the conviction by filing a notice of appeal within 14 days from the sentencing date.  The appeal is a review of the case.  You will not automatically get a new trial.

Prior to going to trial, know what rights you have as a defendant.

You have the following rights:

• The right to a trial before a Justice of the Peace (judge), and in some cases, before a jury.
• The right to be represented by an attorney at all stages of the case. In some cases, if you are unable to pay for an attorney, the court may appoint an attorney for you. You will have to provide evidence that you are indigent or are unable to afford an attorney. The court may require that you contribute a reasonable amount towards attorney fees.
• The right to confront witnesses and cross-examine them as to the truthfulness of their testimony.
• The right to have subpoenas issued by the court at no cost to you to compel the attendance of witnesses.
• The right to remain silent and to be presumed innocent until proven guilty beyond a reasonable doubt.
• The right to appeal. There is no right to appeal a guilty plea.

If you are ordered to pay a fine, fee, and/or restitution, payment in full is expected on the day of sentencing.  The courthouse will let you know what forms of payment are accepted.  If you meet certain financial requirements, you may be allowed some time to pay.  However, a time payment fee will be added to the amount that you owe.  Failure to comply with a payment schedule will result in additional Court proceedings and possible sanctions for non-compliance.  This may include, but is not limited to a warrant being issued for your arrest, the suspension of your license, referral to a collection agency, the attachment of your Arizona income tax refund, and any other legally appropriate collection actions against you, your income or your property.  If the Court refers your account to a collection agency or the Arizona Department of Revenue, additional collection fees will be added to your account balance.

You may be required to pay restitution for any damage or economic loss suffered by a victim.  All restitution payments must be made to the Court for disbursement to the victim.  If you have an insurance company which will pay the restitution portion of your sentence, if must make payment directly to the Court or provide proof of payment so that the Court can accurately record payment of this portion of your sentence.