Showing posts with label Arizona Courts. Show all posts
Showing posts with label Arizona Courts. Show all posts

Sunday, December 1, 2019

Early Disposition Court

EARLY DISPOSITION COURT

"The fastest way out of an ugly situation"


What is Early Disposition Court (EDC)?


Early Disposition Court, or EDC, is a court hearing designed to bring criminal cases to resolution with the fewest possible court appearances. The goal is to make the criminal justice system more efficient by providing a quick disposition to the case while still protecting the rights of all parties involved. In Maricopa County, cases filed in EDC involve victimless charges of possession of illegal drugs for personal use and/or paraphernalia. With these cases many defendants are ordered to participate in substance abuse treatment programs in lieu of prosecution.

How Does it work?

After the Initial Appearance (the first hearing after an arrest), the County Attorney decides if a case should go to EDC. If the case meets the criteria for EDC, a hearing is set for an EDC session. At that EDC session, the defendant is arraigned, and a plea agreement is offered by the County Attorney. If the defendant accepts the plea agreement, sentencing will occur that day or another EDC session. If the defendant does not accept the offered plea agreement, there are two options. More time is allowed to reach a plea agreement by the next EDC session; or the case is set for a traditional court session. Phoenix Bail Bonds (602) 267-9057

Tuesday, October 22, 2019

Case Management Conference



THE CASE MANAGEMENT CONFERENCE:


During any criminal proceeding there may be many Case Management Conferences. A Case Management Conference is a meeting set up between the prosecutor, the attorney for the defendant and the judge. The meeting will focus on the issues of the case, argue motions, participate in settlement negotiations and set a trial date if necessary. The judge shall schedule a Case Management Conference, presumptively every 30-45 days.

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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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