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- The preliminary hearing is one of the first court appearances that defendants will make after being arrested. It happens in a justice court or a regional court center. The hearing goes before a magistrate or a justice of the peace in the precinct where the alleged crime occurred.
www.shouselaw.com › az › defensePreliminary Hearings in Arizona Criminal Cases - Shouse Law Group
In Arizona, the preliminary hearing is the court proceeding where the prosecutor has to show that there is probable cause to believe that the defendant committed the crime. If the prosecutor fails, the case will be dismissed. If they succeed, the case goes on.
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- Arrest. A person is arrested by a law enforcement officer who either observes a crime, or has a warrant for arrest issued by a judge when probable cause exists that a person committed a crime.
- Initial Appearance. At the initial appearance, the judge determines the defendant’s name and address, informs the defendant of the charges and of the right to remain silent and to have an attorney.
- Preliminary Hearing. A preliminary hearing may be held in cases where the defendant is charged with committing a crime that is classified as a felony, unless the defendant has been indicted by the grand jury.
- Grand Jury. Probable cause may also be determined by a Grand Jury made up of citizens summoned by the court. They serve for several months, and consider evidence presented by the prosecutor.
A preliminary hearing is a court proceeding that is conducted to determine two primary elements: 1. Did a crime occur? 2. Does probable cause exist to believe that the person before the court committed the crime? Public Defender. Show All Answers. 1. How do I get a Public Defender? 2. When will I meet with my Public Defender? 3.
Rule 5.3 - Nature of the Preliminary Hearing. Rule 5.4 - Determining Probable Cause. Rule 5.5 - Review of a Magistrate's Probable Cause Determination. Rule 5.6 - Transmittal and Transcription of the Record. Rule 5.7 - Preservation of Recording. Rule 5.8 - Notice if an Arraignment is Not Held.
Sep 2, 2015 · A preliminary hearing takes place during the criminal court process soon after the defendant has been criminally arraigned. During the preliminary hearing, a judge determines whether there is enough evidence to order the defendant to stand trial.
Nov 9, 2023 · First, they may take the matter through a preliminary hearing in Phoenix. At the preliminary hearing, a judge will determine if the state has sufficient evidence that the defendant committed the crime charged. Alternatively, the prosecutor may elect to proceed with an Arizona grand jury.
A preliminary hearing, in the courts of Arizona and in the federal courts and in most jurisdictions across the country, is what we call a probable cause hearing, in other words. It’s an abbreviated hearing.
