Arizona Criminal Case Process (Tucson & Pima County Guide)

If you or a loved one was arrested in Southern Arizona, understanding the basic steps can reduce anxiety and help you make smart decisions early. This page explains the Arizona criminal case process in plain language with Tucson-specific notes for City Court, Pima County Justice Court, and Pima County Superior Court. If you need help now, talk with a criminal defense attorney Tucson.

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Where Your Case Is Handled

  • Misdemeanors: Often filed in Tucson City Court or Pima County Justice Court.
  • Felonies: Filed in Pima County Superior Court in Tucson.
  • DUI cases: May start in City or Justice Court. Aggravated DUI is a felony and goes to Superior Court. See our DUI Attorney Tucson page.

Quick Timeline Overview

  1. Arrest or Citation
  2. Initial Appearance
  3. Release Conditions and Bail
  4. Charges Filed and Early Resolution
  5. Preliminary Hearing or Grand Jury for Felonies
  6. Arraignment
  7. Disclosure and Discovery
  8. Pretrial Conferences and Plea Negotiations
  9. Motions Practice
  10. Trial
  11. Sentencing
  12. Appeal and Post-Conviction Options

Stages of the Arizona Criminal Case Process

1. Arrest or Citation

Police may arrest you on probable cause or issue a citation with a court date. Say your name and basic identifying information, then stay silent. Ask for a lawyer. Anything you volunteer can be used later.

2. Initial Appearance

This first court event happens quickly. The judge confirms your identity, explains the allegations, and sets release conditions. In Tucson, this can occur at the Pima County Jail court facility or the appropriate local court.

3. Release Conditions and Bail

The court will decide whether you are released on your own recognizance, supervised release, third-party supervision, or a money bond. The judge weighs community safety and flight risk. A strong release plan helps, such as proof of residence, employment, or treatment enrollment.

4. Charges Filed and Early Resolution

Prosecutors decide which offenses to file. Some misdemeanors can be resolved early with diversion, deferred prosecution, or a reduced charge. Ask counsel to evaluate early offers and any treatment-based alternatives that could lead to dismissal upon completion.

5. For Felonies: Preliminary Hearing or Grand Jury

Felony cases usually move forward in one of two ways. A preliminary hearing allows a judge to decide if there is probable cause. A grand jury is a closed proceeding where jurors decide whether to return an indictment. Strategy and timing matter, including whether to challenge the process later.

6. Arraignment

You enter a plea and receive the next court dates. Deadlines for filing motions and exchanging evidence start here. Never miss arraignment. A warrant can issue if you fail to appear.

7. Disclosure and Discovery

Both sides exchange evidence. This includes reports, lab results, videos, photos, witness lists, and prior statements. Defense counsel tracks missing items and investigates independently, including site visits and interviews. Effective discovery work often drives better plea offers or dismissals.

8. Pretrial Conferences and Plea Negotiations

The court sets status conferences to ensure progress. Prosecutors may extend plea offers. Your lawyer should compare the offer to likely trial outcomes, sentencing exposure, collateral consequences, and your goals. You decide whether to accept a deal or proceed.

9. Motions Practice

Defense may file motions to suppress statements, exclude unlawfully obtained evidence, dismiss charges that lack proof, or limit prejudicial material. Strong motions can narrow the case or result in dismissal. See more about our approach on the Tucson DUI Defense page. The same disciplined motion practice applies across criminal cases, not just DUI.

10. Trial

If there is no resolution, the case goes to trial before a judge or jury. The State must prove each element beyond a reasonable doubt. The defense can present evidence, cross-examine witnesses, and argue legal defects. You choose whether to testify after consulting with counsel.

11. Sentencing

If convicted or after a plea, the court imposes a sentence. Arizona uses ranges that consider the charge level, prior record, and aggravating or mitigating factors. Defense presents mitigation such as treatment, employment, family support, military service, or health conditions. Thoughtful preparation can significantly reduce penalties.

12. Appeal and Post-Conviction Options

Legal errors can be challenged on appeal. Post-conviction relief can address constitutional issues or newly discovered evidence. Some cases qualify for set aside or record relief under Arizona law. Ask counsel to review your eligibility and deadlines.

Misdemeanor vs Felony in Practice

Misdemeanors move faster, often with diversion or treatment options in City or Justice Court. Felonies involve more formal discovery, longer timelines, and higher stakes. Either way, early defense work and investigation matter.

Your Rights You Should Use

  • Right to remain silent: Use it from the start.
  • Right to counsel: Ask for a lawyer immediately.
  • Presumption of innocence: The State must prove the case.
  • Right to challenge evidence: Through motions and trial.
  • Right to a speedy trial: There are time limits, which your lawyer tracks and enforces when helpful.

How We Build Defense

Every case turns on facts, law, and timing. We focus on early evidence review, independent investigation, motion practice, and mitigation planning. We also look for alternatives to conviction where available, including diversion, deferred prosecution, or pleas that avoid jail and minimize collateral damage to employment, licensing, immigration, or driving.

Common Tucson-Specific Questions

City Court and Justice Court

Expect brisk calendars and short settings. Missing court leads to warrants. Many first-time offenses can be steered toward education or treatment-based outcomes, especially if you act quickly.

Pima County Superior Court

Felony settings include case management conferences, motion hearings, and trial weeks. Discovery volume is larger, and deadlines are enforced. Strong motion work can reshape the case well before trial.

What to Do if You’re Facing Charges in Tucson/ Pima County?

If you have an upcoming court date or a loved one is in custody, do not wait. Early decisions shape the outcome. Start with a focused review of your police reports, any videos, and release conditions. For DUI-specific help, visit DUI Attorney Tucson. For a broader look at how we challenge the State’s evidence, see Tucson DUI Defense.

Call to Discuss Your Case

We defend people in Tucson, Pima County, and surrounding Southern Arizona courts. Contact us to review your situation, calibrate expectations, and set a plan that protects your record, freedom, and future.

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Great service they took good care of their clients and provide updates on every step. Really happy with the outcome. And very reasonable fee.

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FAQs

What happens right after arrest in Tucson?

You will have an initial appearance where the court sets release conditions. Contact a lawyer immediately to prepare for release and protect your rights at every step that follows.

Do I always get bail in Arizona?

Not always. Some offenses are non-bailable, but most people receive some form of release condition. A solid plan and quick legal advocacy can improve your chance of release.

How long does a criminal case take?

Misdemeanors may resolve in weeks or a few months. Felonies often take several months or more. Timelines depend on evidence, motion practice, lab testing, and court congestion.

Can my case be dismissed before trial?

Yes, in some situations. Dismissals can arise from legal defects, missing disclosure, successful motions, witness issues, or diversion completion. Your lawyer will identify these opportunities early.

Should I talk to police to clear things up?

No. Even well-meaning statements can harm your defense. Politely invoke your right to remain silent and ask for a lawyer.

What is diversion or deferred prosecution?

These programs allow certain cases to be resolved with classes, treatment, community service, or other conditions. Successful completion can lead to dismissal or significant charge reduction.

What happens if I miss court?

The judge can issue a warrant. Call your lawyer immediately. In many cases we can move to quash the warrant and reset your case, especially if you act quickly.