The first in the Arizona Legal System Education Series, discusses the purpose and proceedings of a preliminary hearing in Mohave County, AZ including Kingman, Bullhead City and Lake Havasu City court systems.

1. Arizona Legal System Education Series!
What is a Preliminary
Hearing?
Presented by The Law Offices
of Shawn B. Hamp, P.C.!

2. Arizona Trial Attorney!
Shawn B. Hamp, Esq.
• The Law Offices of Shawn B. Hamp,
P.C., President.!
• Mohave County Attorney’s Office
Former Deputy County Attorney.!
• National Association of Criminal
Defense Attorneys, Member.!
• State Bar of Arizona, Criminal Justice
Section Member.!

3. Purpose of Preliminary Hearing
❖ Before a felony is transferred to Superior Court, there
must be a finding of probable cause that the crime was
committed.!
❖ Held before a Justice of the Peace, in Justice Court.!
❖ Must be conducted within 10 days (in custody), 20 days
(out of custody).!

4. Courts that conduct Preliminary Hearing!
Justice Courts in
Mohave County
Kingman/Cerbat Justice Court!
!
Bullhead City Justice Court!
!
Lake Havasu City Consolidated Court!
!
North Canyon Justice Court!

5. “Right to Preliminary Hearing. When a complaint is filed
charging the defendant with the commission of a felony, a
preliminary hearing shall commence before a magistrate not
later than 10 days following defendant's initial appearance if
the defendant is in custody and not later than 20 days
following defendant's initial appearance if the defendant is
not in custody.” !
–Rule 5.1 of Arizona Rules of Criminal Procedure.!

6. Arrested for
Crime!
Initial
Summonsed to
Appear at Court
Appearance!
for Crime!
Preliminary
Hearing!
Superior Court!
Grand Jury!

7. What Happens at a Preliminary Hearing?
❖ Disclosure Exchanged Rule 15.1(a) Arizona Rules of
Criminal Procedure.!
❖ Actually Have a Hearing - Its a Mini-Trial.!
❖ Change of Plea (Minor Felonies - Reduced to Misdemeanors)!
❖ Waiver Bind-Over (Give Up Right to Preliminary Hearing)!

8. North Canyon Justice Court Courtroom!
Order of
Proceedings
!
!
!

9. Order of Proceedings
❖ State Presents Evidence, Calls Witness.!
❖ Cross Examine Witnesses.!
❖ Judge Makes a Determination of Probable Cause.!
❖ Defense can present evidence “offer of proof”, Call
Witnesses.!
❖ (Suppression Motions Not Relevant)!
❖ Rule 5.3 Ariz. Rules of Crim. Procedure.!

10. Change of Plea
❖ Justice Court does not have jurisdiction of Felonies, but
does have jurisdiction for Misdemeanors.!
❖ Minor Felonies (Personal Possession Drug Crimes,
Minor Thefts, Minor Assaults sometimes get
Misdemeanor Convictions).!
❖ Goes straight to sentencing.!

11. Waiver Bind Over
❖ Agree to Give Up Right to Preliminary Hearing.!
❖ Prosecutor Agrees to Lower Bond.!
❖ Plea Offer is Agreed to be held open in Superior Court.!
❖ If State is not ready to proceed, Defendant is Released
from Custody.!

12. Follow Us

13. Thank You.
The Law Offices of!
Shawn B. Hamp, P.C.!
!
2249 Hualapai Mt. Rd, #2!
Kingman, AZ 86401!
!
www.hamplaw.com!
shawn.hamp@hamplaw.com!