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What is a preliminary hearing?
The document explains the purpose and process of a preliminary hearing in Arizona's legal system, which determines probable cause for felony charges before they proceed to superior court. It outlines the timeline and locations for hearings, procedures including evidence exchange and witness testimonies, as well as potential outcomes like plea changes and waivers. The content emphasizes the rights of defendants and procedural rules as per Arizona law.
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What is a preliminary hearing?
- 1. Arizona Legal SystemEducation 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 PreliminaryHearing ❖ 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 conductPreliminary 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 PreliminaryHearing. 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 ata 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 JusticeCourt 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.
- 13. Thank You. TheLaw Offices of! Shawn B. Hamp, P.C.! ! 2249 Hualapai Mt. Rd, #2! Kingman, AZ 86401! ! www.hamplaw.com! shawn.hamp@hamplaw.com!