CRIMINAL LAW
Frequently Asked Questions

What rights do I have?

Since the criminal justice system involves actions by the government against its citizens, the criminal justice process has historically been the subject of constitutional protections. Constitutional protections afforded citizens under the law result from both federal and state constitutions. The U.S. Constitution sets forth numerous principles governing both federal and state criminal proceedings. The federal constitution sets the standard regarding the rights of persons accused of crimes. The Arizona Constitution also gives accused persons safeguards.

In addition to adhering to constitutional standards, the criminal justice system is defined by statutes and court rules, outlining the manner in which crimes are investigated and prosecuted.

Some rights guaranteed by constitution or statute include: limits on the government’s ability to search and seize, the right to counsel, the right to remain silent, the right to be informed that you have certain rights prior to interrogation (“Miranda” rights), trial by jury, and others.


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What is the criminal justice process?

The criminal justice process varies from state to state, and the federal criminal justice system has its own rules, procedures, and terms to describe the stages of the proceedings. Generally speaking, however, the process involves the following stages.


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How/why does an investigation start?

The investigation of a crime may begin in many different ways such as:
    • A police officer actually observes wrongdoing;
    • A anonymous call may be made complaining of wrongdoing;
    • A person calls law enforcement officers to report the crime and an investigation is launched based on the victim’s allegations.

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What are the steps in the investigation process?
    1. Search Warrant: If officers believe there is evidence of a crime at a particular location, they may seek a search warrant permitting them to search the premises. A warrant is obtained by submitting evidence to a judge or magistrate who reviews the information submitted and decides whether there is probable cause or “exigent circumstances” that support it.
    2. Interrogation: Officers may question witnesses and potential suspects, provided that their constitutional rights (Federal and State) are not violated.
    3. Arrest: Arrests can be made when information is obtained in a number of ways:
      a) If law enforcement officers have probable cause, they may arrest the person under suspicion; or
      b) If a person commits a felony or misdemeanor crime in the presence of an officer.

    If officers wish to arrest a person in a private place, they must first obtain an arrest warrant. An arrest may be made in a public place with, or without, a warrant.

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What is a Complaint and an Information?

Complaint: Law enforcement officers may decide to file criminal charges, either before or after arresting a suspect, by filing written charges also called a complaint.


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Information: A prosecutor may also start the process in motion by filing written charges called an information. A complaint or information is simply an accusation against a person. It is not proof that the person committed the crime charged.


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What is a misdemeanor?

Misdemeanors are crimes generally punishable by less than six months of imprisonment. You may, or may not, have the right to a jury trial when charged with a misdemeanor.


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What is a felony?

Felonies are crimes generally punishable by more than one year of imprisonment. You have the right to a jury trial when charged with a felony crime.


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What is an arraignment/preliminary hearing?

An arraignment/preliminary hearing is simply the formal presentation of charges in open court. During an arraignment, the charges are read to the defendant and the defendant is asked to plead guilty, or not guilty, to the charges. A preliminary hearing is often held to determine if sufficient evidence exists to hold a defendant.


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What is plea bargaining?
A plea bargain usually involves the defendant negotiating to plead guilty to lesser charges than those in the complaint, or a guilty plea to only one of numerous charges. Attorneys consider many factors in determining whether to recommend a plea bargain for their client such as the strength of the evidence the prosecutor may present at trial, and the possible penalties if the case went to trial and a guilty verdict was obtained.


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What are the steps in a trial?

If a plea agreement is not reached, a defendant is guaranteed a “speedy” trial. A defendant may waive the right to a jury trial either by pleading guilty, or agreeing to be tried by a judge. When the judge acts as a jury, as well as judge, this is called "bench trial."
    1. Jury Selection: The defendant and the prosecution have the right to challenge potential jurors. Jurors are often challenged to see if they have pre-existing knowledge about a case, to see whether they are capable of hearing and understanding the testimony, or to see if they have any relationship with the prosecutor or the defendant. Peremptory challenges allow the defendant and prosecutor to eliminate certain jurors for any reason they want.
    2. The Prosecution: The prosecutor has the burden of proof in criminal cases and must prove his/her case “beyond a reasonable doubt.” This is a very difficult standard to define and gives criminal defendants an advantage.
    3. The Defense: The defendant has the right to present witnesses, evidence, and also has the right to "confront" or cross-examine the witnesses brought forward by the prosecution.
    4. Closing Arguments: The attorneys then sum up their arguments to the jury based on the facts presented and the applicable law. In Arizona, the prosecution goes first, then the defendant. The prosecution then gets a “rebuttal” also known as the final argument.
    5. Jury Charge: Once all of the evidence has been presented by both parties, the judge gives jurors instruction on the law applicable to the charges.

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What is a verdict?


A jury is required to consider the evidence against a criminal defendant and to decide whether to enter a verdict of "guilty" or "not guilty." A jury may find a person guilty of all, some, or none of the crimes charged. If the verdict is guilty, the defendant may have a right to appeal. If the verdict is not guilty, the court or the prosecutors cannot overturn the jury’s verdict. In addition, you cannot be tried more than once for the same crime. This is known as the prohibition against double jeopardy. This is why an experienced criminal law attorney is needed. Criminal defendants, when convicted, lose many rights, sometimes forever. If the case is handled and prepared for properly, by experienced counsel, the odds for a not-guilty verdict are much greater than if a defendant acted on his/her own behalf.


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What is an appeal?

Although criminal defendants have the right of appeal from an adverse verdict the prosecution doesn’t. Very few appeals are successful. For a defendant it simply makes sense to fight the charge strongly at the trial level and not rely on a favorable appellate decision.


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What should I do?

If you or a loved one has been charged with a crime, you should contact a criminal trial attorney as soon as possible to discuss your potential case. Make sure that you protect your, or a loved one's, rights by speaking with an experienced lawyer today.

For a review of your case please contact Curry, Pearson & Wooten, PLC, at 602-258-1000. This site contains general information that is intended to be accurate and up to date. It is not intended to provide legal advice. For legal advice, please personally consult with an experienced attorney. For further information, see our “Disclaimer”.

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FAQ's

What "rights" do I have?

What is the criminal justice process?

How/why does an investigation start?

What are the steps in the investigation process?

Whate is a complaint and an information?

What is a and misdemeanor?

What is a felony?

What is an arraignment or preliminary hearing?

What is a plea bargaining?

What are the steps in the trial process?

What is a verdict?

What are the steps in an appeal?

What should I do?