What is a preliminary hearing?

Arizona Legal System Education Series!

What is a Preliminary Hearing?

Presented by The Law Offices of Shawn B. Hamp, P.C.!

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.!

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).!

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!

–Rule 5.1 of Arizona Rules of Criminal Procedure.!

“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.” !

Arrested for Crime!

Initial Appearance!

Summonsed to Appear at Court

for Crime!

Preliminary Hearing!

Superior Court!

Grand Jury!

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)!

North Canyon Justice Court Courtroom!

Order of Proceedings

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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.!

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.!

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.!

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Thank You.

The Law Offices of!

Shawn B. Hamp, P.C.!

!

2249 Hualapai Mt. Rd, #2!

Kingman, AZ 86401!

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www.hamplaw.com!

[email protected]!