Saturday, September 28, 2019

Preliminary Hearing

Preliminary Hearing

Every defendant charged with a felony has the right to a Preliminary Hearing. A preliminary hearing is held to determine whether the defendant should face trial on the charges alleged in the complaint. At the hearing, the prosecutor presents a magistrate with evidence that would lead a reasonable person to conclude that the accused individual has committed the crime. The Judge can find probable cause and order the defendant to stand trial, or dismiss the case based on a lack of probable cause.

Per 16A A.R.S. Rules Crim. Proc., Rule 5.1, a preliminary hearing must be held before a magistrate no later than 10 days after the defendant's Initial Appearance if the defendant is in custody, or no later than 20 days after the defendant's Initial Appearance if the defendant is not in custody, unless:
(1) the complaint is dismissed;
(2) the hearing is waived;
(3) the defendant has been transferred from the juvenile court for criminal prosecution on specified charges;
(4) the magistrate orders the hearing continued; or
(5) the court made a probable cause finding at a bail eligibility hearing under Rule 7.2(b)(4).

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Saturday, September 21, 2019

Initial Appearance -Maricopa County Jail

Initial Appearance Court

Within 24 hours from the time of arrest, it is a statutory requirement for an inmate to be seen by a judge. In Maricopa County, arrestees are transported to the 4th Avenue Jail for booking into the Maricopa County Jail system. Initial Appearance Court (IA) is conducted every three (3) hours on a 24 hour/7 days per week schedule. Each court docket typically consists of forty (40) people, but may be increased to ensure that all arrested people are seen by Initial Appearance Court within the 24 hour statutory requirement. All felony arrests, new charges, or people arrested on outstanding warrants in Maricopa County must be seen by an Initial Appearance Court. Misdemeanor arrests as well as people arrested on warrants issued by the twenty-six (26) justice courts and fifteen (15) city courts also must appear for their Initial Appearance within 24 hours. Initial Appearance Court also hears out-of-county and out-of-state warrants, civil, probate, and family court matters. In 2016 a total of 80,003 initial appearance hearings were held in IA Court, which is a 9.3% increase ove 2015. Initial Appearance court is staffed with six (6) commissioners, four (4) part-time Commissioner Pro Tems, eleven (11) Judicial Clerks and one (1) Judicial Assistant. Call Phoenix Bail Bonds at (602) 267-9057. The original Phoenix Bail Bonds company

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