What is Arraignment?

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Also known in Maricopa County as the Not Guilty Arraignment, this is often the first court appearance for the case.  Arraignment is a hearing where the defendant is told of his or her rights and what charges he or she stands accused of by the prosecutor. The judge will address everyone as a group. There are usually 50 or so defendants all at the arraignment at the same time. After the judge explains everyone’s rights to the group, each defendant is called up one by one to receive his or her indictment and next court date.  The judge may also decide the defendant’s release conditions if it was not already decided.

If you or someone you love has an Arraignment, it is best to contact a lawyer with experience in criminal defense right away.  Burges McCowan is an experienced criminal defense attorney and he can help.

What is an Initial Appearance?

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An Initial Appearance is the first appearance in front of the judge after a defendant is charged with a crime.  Sometimes the Initial Appearance, or IA, is within hours of the police arresting someone.  Other times it is after the prosecutor has reviewed what the police wrote about the case and decided to charge the case.

What is an Indictment?

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An indictment is the document filed with the court by the prosecutor that lists the charges the defendant is accused of and a brief description of the crime(s) charged.  The indictment will tell the defendant the crime(s) charged and provide the legal definition for that crime.  That legal definition is what the prosecutor must prove beyond a reasonable doubt before the defendant can be found guilty and face punishment.  The indictment will also tell the defendant the date of the alleged crime and the names of the victims if any exist in the case.

If you or someone you love has an Indictment, it is best to contact a lawyer with experience in criminal defense right away.  Burges McCowan is an experienced criminal defense attorney and he can help.

What is a Preliminary Hearing?

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When a defendant is charged with a crime by the prosecutor, the judge has to determine if there is probable cause to maintain those charges so the case can go forward in the court system.  This does not mean trial.  Usually all the prosecutor has to do is put one police officer who worked on the case on the stand to tell the judge why it is the police think the defendant committed a crime.  More often than not, the judge will give the police the benefit of the doubt and the case will proceed.

However, in Maricopa County, Preliminary Hearings almost never happen anymore.  That is becasue if the defendant asks for the hearing, the prosecutor will just go to the Grand Jury instead and bypass the Preliminary Hearing.  So for all intents and purposes, Preliminary Hearings do not exist in Maricopa County.

Sometimes it is still in the defendant’s interest to ask for a Preliminary Hearing for strategic reasons.  If you or someone you love has an Preliminary Hearing scheduled, it is best to contact a lawyer with experience in criminal defense right away.  Burges McCowan is an experienced criminal defense attorney and he can help.

What is a Pre-Trial Conference?

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A Pre-Trial conference is a simple court hearing where the defense and the prosecution appear to give a status update on the case to the judge. If it is a felony case, the defendant has to appear.  But for misdemeanors, the defendant’s attorney can usually appear in the defendant’s place. The Pre-Trial conference is where the defendant can alert the judge to any issues with discovery.  A Pre-Trial conference is also an opportunity for the attorneys to meet in person and negotiate on the case.

If you or someone you love has an Pre-Trial Conference, it is best to contact a lawyer with experience in criminal defense right away.  Burges McCowan is an experienced criminal defense attorney and he can help.

What is a Plea Agreement?

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Very simply, a plea agreement is a bargain between the defendant and the prosecutor to settle the case without going to trial. Usually, the bargain involves the prosecutor reducing the charge or sentence the defendant would face if he or she lost at trial.  Most criminal cases settle with a plea agreement. Sometimes it is in your best interest to take a plea agreement instead of taking the case to trial. That decision is not one to take lightly, and you need an experienced prosecutor to negotiate the best possible plea agreement and evaluate your case with you.

Burges McCowan is an experience criminal defense attorney, and former prosecutor, who knows the best negotiating tactics and can help you decide what you should do with your case.

What is a criminal charge?

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Criminal charges are an accusation that the defendant committed a crime.  The police can bring charges for misdemeanors (aka, DUI, Shoplifting, etc.).  For felonies a prosecutor has to review the case and file the charges with the court.  Sometimes the police will arrest the defendant and book him or her in jail.  In that case the charges will be immediate and the prosecutor will review and approve the charges within 48 hours.  Other times, the police send the case to the prosecutor and charges are filed later.  The prosecutor has seven (7) years to file charges so just because it’s been a couple months since the police accused the defendant of a crime it does not mean it went away.

If you or someone you love thinks they might have criminal charges coming, it is best to contact a lawyer with experience in criminal defense right away.  Burges McCowan is an experienced criminal defense attorney and he can help.