The Court Process

Arraignment

The first court appearance for the defendant is called an "arraignment." Victims are not required to attend arraignment. The arraignment serves several purposes:

• The defendant is informed of the exact nature of the charges.
• The defendant is advised of his/her rights including the right to have an attorney and to be provided an attorney at public expense if the defendant cannot afford one.
• The defendant enters a plea of guilty or not guilty. If there is a victim, the defendant will not be able to enter a plea of guilty at the arraignment to allow time for the City Prosecutor's Office to send victims notice of their rights. You will be sent a victims' rights pamphlet if you have not already received one.
• A Pretrial Disposition Conference (PDC) date, time and location will be set.

Arraignment for defendants arrested and booked into jail: If the defendant is arrested and booked into jail, he/she will appear before a judge within 24 hours of the arrest to be arraigned on the charges. Defendants may be released on their own recognizance and told to appear for a Pretrial Disposition Conference (PDC) or they may have to post a bond to be released. If you want to be heard by the judge on whether the defendant should be released or not, you must contact the Vicitm Services Unit immediately at 602-261-8192. To invoke your right to notice if the defendant is released call the Jail's Victim Notification Line at 602-876-8276 and to find out the defendant's status, bond amount, or jail facility information call 602-876-0322.

Pretrial Disposition Conference (PDC)

As the victim, you have the right to review the plea offer and to be heard by the court if the defendant decides to plead guilty.

A Pretrial Disposition Conference (PDC) will be set approximately 2-4 weeks from the arraignment. Plea negotiations occur during a PDC. Prior to the PDC, the prosecutor reviewed the police reports and the defendant's prior criminal record and determined what punishment is appropriate for the individual case. The defendant has several options at the PDC:

• Accept the State's offer and plead guilty by entering into a written agreement with a defined sentence.
• If eligible, accept the State's offer of diversion and plead guilty by entering into a written agreement with a defined sentence if the defendant does not complete a diversion program.
• Reject the State's offer but plead guilty and let the judge determine the sentence.
• Reject the State's offer and set the case to trial. You will be subpoenaed to testify at the trial.
• Reject the State's offer but plead guilty and let the judge determine the sentence.
• Continue the PDC to another date approximately 30 days later.

A PDC is typically continued for 30 days. PDCs may be continued for reasons such as:

• Hiring an attorney.
• Exchanging discovery/evidence.
• Conducting interviews.
• Illness.
• Scheduling conflicts.

The judge reviews a motion to continue and determines if it will be granted.

Defense Interview

Victims have the right to refuse an interview with the defendant or the defense attorney. If the defense requests an interview, you may:

• Refuse to be interviewed, or
• Agree to be interviewed, or
• Agree to be interviewed, with another person of your choosing present.

You may terminate the interview at any time.

The Subpoena

If the defendant does not enter a plea of guilty, the case will be set to trial and you will receive a subpoena in the mail.

A subpoena is a court order requiring your appearance. The date, time and location of your court appearance will be printed on the subpoena. You must contact the Prosecutor's Office immediately when you receive a subpoena to verify your availability to appear. Call the number listed on your subpoena. You may also email your availability to law.trial.bureau@phoenix.gov.

You must also call the number listed on your subpoena after 3:00 the day prior to the trial to verify your attendance. This allows us to keep you informed of any changes to the trial schedule.

The Trial

Most offenses are tried to a judge, not a jury. In a non-jury trial, the judge presides over the case and makes legal rulings. The judge also reviews the facts of the case and determines if the defendant is guilty.

Offenses including DUI, indecent exposure, resisting arrest, reckless driving, theft, and shoplifting are tried to a jury. The jury is made up of 6 jurors and an alternate. In a jury trial, the judge presides over the case and makes legal rulings. The jury reviews the facts of the case and determines if the defendant is guilty.

The Day of the Trial

As the victim, you have the right to be present in the courtroom throughout the entire trial.

Once in the courtroom, the prosecutor will meet with you and discuss your testimony. You will have the opportunity to ask any questions that you may have. The trial will be held after meeting with the prosecutor. Non-jury trials typically last 1 to 2 hours and jury trials typically last 1 to 2 days. An advocate can also attend court with you. To arrange for an advocate escort, call 602-261-8192.

After opening statements, the State must present evidence supporting each charge beyond a reasonable doubt. This will require your sworn testimony. Even though you told the officer what happened, court rules require you to tell the judge what occurred. During your testimony, you'll be asked questions about the date of the violation. At sentencing, you can expand upon this and tell the judge about other incidents that you may be aware of.

Your Testimony

Above all, you must tell the truth. The prosecutor will ask you a series of questions. Listen closely and give an honest answer. If you don't know, it's appropriate to say "I don't know." If you don't remember, simply say "I don't remember."

After the prosecutor asks questions, the defendant or the defense attorney may ask questions. Again, listen to the questions and give an honest answer. Court rules will prevent defense attorneys or the defendant from yelling or badgering you.

The prosecutor can follow up with additional questions, after the defense, to allow you the opportunity to further explain or clarify.

There may be other witnesses who will testify during the State's case. Some witnesses may be police officers or civilian witnesses.

Once the prosecution has presented all the State's evidence, the defense may call witnesses or do nothing at all. The defendant is not required to testify. Closing arguments are held after all the evidence is presented. The judge or jury will then decide if the defendant is guilty.

For further questions about your rights as a victim or the trial process, you can contact the Victim Services Unit at 602-261-8192.

Sentencing

Sentencing most often occurs immediately after the trial, once the judge or jury has found the defendant guilty. If sentencing is set off, it will be held within 30 days of the trial.

As the victim, you have the following rights at sentencing:

• The right to be heard at any proceeding involving a negotiated plea and at sentencing;
• The right to read pre-sentence reports related to the crime which are available to the defendant;
• The right to receive prompt restitution;
• The right to submit a written impact statement or make an oral impact statement;
• The right to be present at sentencing.

If you are seeking compensation referred to as restitution, the judge will determine the exact amount, if any, that you will be given at this time. You may Submit Your Restitution Request Here. You must also send copies of any receipts or bills as proof of your claim within 10 days either by faxing them to 602-534-4540 or mailing them to:

Phoenix City Prosecutor's Office
P.O. Box 4600
Phoenix, AZ 85030-4600
ATTN: Victim Services Unit
602-261-8192

Sentencing Considerations

When deciding what sentence to impose, a judge will consider many factors:

• The recommendation of the prosecutor; any prior convictions or other aggravating factors;
• Statements or requests made by the victim;
• The recommendation of the defense attorney; the lack of prior convictions or other mitigating factors; and
• Statements of the defendant.