If a defendant fails to appear after being summoned or good cause exists to believe the defendant will fail to appear, or the summons cannot be readily served or delivered, a warrant shall issue. Initial Appearance IA — First appearance in court by defendant in a criminal case. Bailiff — Online dating latin Yuma AZ courtroom assistant to the judge who handles certain courtroom functions including files, jurors, witnesses and attorneys.
Discovery — The pretrial process by which one party discovers the evidence that will be relied upon at trial by the opposing party. Jurisdiction — The legal authority of the court to hear and decide cases; the exercise of judicial power within certain geographic boundaries and over individuals. Justice of the Peace — A county court of limited jurisdiction inferior to the Superior Court. Court Reporter — A person who transcribes by shorthand or records stenographically the testimony during court proceedings.
Petition — Written application made to court asking for legal intervention. Court Clerk — A person in charge of keeping the court records and exhibits. This appellate lawyer may be a Public Defender or a lawyer from outside the office. If warrantless, a defendant must be brought before a magistrate within 24 hours after arrest, or immediately released.
The complaint may be made by a person with knowledge of the criminal offense, by a police officer, or prosecutor. Secured Appearance Bond -The defendant must deposit with the court either property or cash in the amount set forth in the order before he or she will be released. Third Party Custody -This is an own recognizance release with a third party co-ing the release order, stating that every effort will be made to see that the defendant appears.
The Public Defender does not arrange bond. At this time, a public defender would be appointed if the defendant cannot afford to hire counsel. Minute entries are public documents and are kept in the court files. Types of release include the following:. Empanel — The act of making up a list of jurors who have been selected for the trial of a particular case. Motion in limine — A pretrial motion where a party requests a ruling from the court that prohibits the opposing party from raising a particular prejudicial issue, or from raising it in a legally objectionable manner, at trial.
An officer can also arrest a defendant at the scene of the crime or in close proximity, such as when the officer would not have time to get a complaint filed before the arrest.
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County Grand Juries typically hear cases involving drugs, murder, rape, burglaries, and aggravated assaults. Evidence is presented by a prosecutor through witness es. Bond - Bond is set at the initial appearance, prior to the Public Defender appointment. Complaint - A written statement of facts constituting a public offense, made on oath before a magistrate. All defendants are entitled to representation by counsel, unless the criminal violation is a petty offense for which no jail time is sought or imposed after a judgment of guilty. These factors are considered by the court in a release hearing.
Appeal of Conviction - A defendant who had appointed counsel at the determination of guilt or at sentencing may proceed on appeal as an indigent without further authorization unless after a notice of appeal is filed the trial court finds that the defendant is able to employ counsel and pay for a certified copy of the record on appeal and the certified transcript.
Arrest - May be warrantless, by summons or by warrant. In Yuma County, pro tem judges are employed to keep backlogs down and cover for vacation schedules.
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The offense may be classified as a Class 1, 2 or 3 misdemeanor, or a felony ranging from the most serious First Degree Murder, a Class 1to the lowest classification, a Class 6. If by warrant, the magistrate shall determine that probable cause exists that the defendant committed the offense or find that such a determination has been made.
Arraignment — Criminal proceeding in which the defendant, in open court, must answer criminal charges by entering a plea of guilty or not guilty. Misdemeanor — A classification for offenses which are less serious than felonies and are punishable by a maximum sentence of six months in jail. They are generated when requested and upon payment of the court reporter's fee.
In a misdemeanor case, the defendant may elect to appeal to the Superior Court, in which case the Public Defender will file the Notice of Appeal but appellate representation will be handled by outside counsel. Felony offenses,committed when the person charged is already admitted to bail or on probation on a separate felony charge and where the proof is evident or the presumption great as to the present charge.
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Pleading — Written documents stating the allegations and claims of the opposing parties in a legal dispute. A Justice JP court hears misdemeanor criminal and traffic cases occurring outside the city limits. Bifurcated Trial — Where the issues in a case are divided into two or more hearings or trials. Own Recognizance -The defendant's promise that he or she will return to court when required. Jury — A jury, of 8 persons if the maximum punishment that can be imposed is less than thirty years and of 12 persons if the maximum punishment that can be imposed is thirty years or more, impaneled to hear a criminal trial.
In order to indict a person, at least nine Grand Jurors must find there is probable cause to believe a crime was committed and that the defendant committed it. Thereafter, the court will appoint counsel to handle the appeal. Due Process — The regular course of administration of justice through the courts, under the protection of the law, the Arizona and U. Constitutions, enabling every person to have a fair and impartial trial or hearing.
An arraignment is a proceeding in which the defendant enters a plea, usually not guilty.
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For those defendants out of custody, arraignment is set generally within 30 days. Affidavits are usually notarized by a notary public.
A Class 1 felony is the most serious offense, with a Class 6 being the least serious. Bench Conference — A conference between a judge and the attorneys regarding a courtroom proceeding, which may be, but sometimes is not, part of the written court record. A Grand Jury proceeding negates the need for a Preliminary Hearing.
Bail may be set. Under Arizona Rules of Criminal Procedure, an arrested person must appear before a judicial officer to be advised of charges and rights, including the right to have an attorney within 24 hours of arrest. Evidence — Proof presented in court through the testimony of a witness, exhibits, records, objects or written documents to persuade the judge or jury as to an alleged fact or position. A Notice of Post-Conviction Relief starts the process. Initially, the attorney must file a Notice of Appearance with the Court. Arizona is one of the few states that allows an attorney to be appointed a judge with full powers for the length of a case or series of proceedings.
Attorney of Record — Attorney whose name appears on the permanent records and files of a particular case. Unsecured Appearance Bond -Release without having to post a cash bond; however, he or she does an order stating he or she will execute an appearance bond, binding him or her to pay the State of Arizona a deated sum of money should he or she fail to appear.
The clerk generates a Minute Entry after each proceeding. Allegation — An assertion, declaration or statement made, usually in a pleading, by online dating latin Yuma AZ state or the defense, stating the matters the party intends to prove. Felony — A six-level classification for offenses punishable by incarceration in the Department of Corrections.
A complaint must be filed with 48 hours of the initial appearance before the magistrate, or the defendant must be immediately released. For in-custody defendants, arraignment must occur within 10 days of the filing of an indictment, information, or complaint. In Arizona, the state and the defense are required to disclose to each other the evidence they intend to elicit at trial.
The third party is also responsible to see that if any conditions of the defendant's release are violated, the court is promptly notified. Conviction — Finding by a judge or jury that a person charged with a criminal offense is guilty beyond a reasonable doubt of committing the crime charged. Grand Jury County — Group of 16 citizens drawn from Yuma County to secretly investigate criminal matters pertaining to Yuma County when asked to do so by the County Attorney.
Court Commissioner — Commissioners are frequently full time judicial officers appointed by the presiding judge and authorized to perform limited judicial functions. Judge pro tem — "Pro tem" is an abbreviation of the Latin term pro temporemeaning ''for the time being". Criminal Violation -Generally, a commission of an offense the law recognizes as a criminal violation.
Depending on the charges, a public defender may be able to get the bond reduced at justice court, or later in superior court after requesting a release hearing. No Bond -Under the following circumstances, a defendant can be held without bond: Capital Offenses when the proof is evident or the presumption great. In Camera — A Latin term meaning "in chambers.
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JP courts also conduct preliminary hearings in felony cases. Information — A written statement charging the commission of a public offense, following a preliminary hearing, ed and presented to the court by the prosecutor. Post-Conviction Relief Rule 32 - A collateral form of post-conviction review available to a defendant who has pleaded guilty and been sentenced or who has appealed and lost.
The court may inquire as to conditions of release, and any contested release hearing and pretrial conferences are set at that time.
Transcripts are not automatically prepared. Supervised O. Release -Supervision may include avoiding contact with an alleged victim, entering a drug program, reporting in person or by telephone to the Supervised Release Program, until disposition of the case. A Notice of Post-Conviction Relief must be filed within ninety days after the entry of judgment and sentence or within thirty days after the issuance of the final order or mandate of the appellate court. The summons is used if the offense charged is bailable and there is reason to believe that the defendant will respond.
In a felony case, the Yuma County Public Defender will file a notice of appeal along with a motion to withdraw from the court-appointed representation within 20 days of the entry of judgment and sentence. The Supreme Court of Arizona provides eligibility financial guidelines for those defendants who require, but cannot afford, representation. Depending on the case and investigation and disclosure, CMCs may be continued to accommodate defense or state or both. Brief — Written statement, usually for appellate purposes, explaining facts of the case and laws that apply.
Affidavit — A voluntary written sworn statement or declaration of facts. Magistrate — Often used to refer to a Municipal Court judge, but A. Minute Entry — Usually a one or two summary which briefly summarizes what went on during a court proceeding--everyone who appeared in court, names of witnesses who testified, what kind of proceeding took place, when the next court date is, and any orders of the online dating latin Yuma AZ that were issued.