Criminal/Criminal Traffic Court

This Criminal / Criminal Traffic Violation Information page is here to help you understand criminal proceedings, including your rights and duties.

I. The Arraignment

The Arraignment is a court appearance where you will be notified of the charges against you. No witnesses are present at arraignment and no testimony will be taken. Before the Court can consider your case, you must enter a plea. There are three (3) possible pleas to a criminal charge:

Not Guilty

A plea of "Not Guilty" means that you are informing the Court that you deny guilt and the State (Prosecutor) must prove the criminal charge(s) against you. All persons are presumed to be innocent until proven guilty beyond a reasonable doubt. On a plea of "Not Guilty," a Pretrial Conference will be scheduled where you will have the ability to speak with the City Prosecutor about possible plea negotiations. Be aware that the City Prosecutor is not your attorney and is prohibited from providing you with legal advice on how your case should be handled.

Guilty

A plea of "Guilty" means you admit that you committed the act(s) charged in the complaint, that the act you committed was a violation of the law, and that you have no legal defense for your actions. The judge may pronounce the sentence at that time or schedule sentencing for another day.

No Contest

A plea of "No Contest", also known as "Nolo Contendere," means that you do not wish to contest the State's charge against you. Upon a plea of "No Contest", the Judge will enter a judgment of guilty. The judge may pronounce the sentence at that time or schedule sentencing for another day.

II. The Pretrial Conference

You and your attorney will be given an opportunity to meet with a prosecutor to review the facts supporting the charges against you. At the Pretrial Conference, you are entitled to review a copy of the complaint, any written police reports, accident reports, and any other evidence that the State intends to use at the trial. Witnesses do not attend the Pretrial Conference, and no testimony is taken. You are not required to discuss the facts of your case with the Prosecutor, since anything you say could be used against you in further proceedings.

At the Pretrial Conference, you have three (3) options:

Accept a Plea Agreement

You have the option of accepting the Prosecutor's settlement offer, which routinely contains the sentence you will receive (upon acceptance by the Judge).

Plead Guilty

You can reject the Prosecutor's offer and change your plea of "Not Guilty" to "Guilty" or "No Contest" directly to the Judge without agreeing on a sentence with the Prosecutor. The judge may pronounce the sentence at that time or schedule sentencing for another day.

Request a Trial

You can maintain your plea of "Not Guilty" and have the case set to trial.

III. The Trial

As a defendant in a criminal trial in Coolidge Municipal Court, you have certain rights that are guaranteed:

  • Right to plead not guilty and require the State to prove guilt beyond a reasonable doubt.
  • Depending on the alleged offense, you will be entitled to either a jury trial or bench trial.
  • Right to assistance of an attorney at all stages of the proceeding, including appeal. In some cases, the defendant may be eligible for a court- appointed attorney at a reduced cost or at no cost, if the defendant cannot afford one.
  • Right to confront the witnesses against the defendant and to cross-examine them as to the truthfulness of their testimony.
  • Right to present evidence in the defendant's own behalf and to have the court compel the defendant's chosen witnesses to appear and testify free of charge.
  • Right to remain silent, not to incriminate oneself, and to be presumed innocent unless/or until proven guilty beyond a reasonable doubt.
  • Right to a direct appeal.

IV. Sentencing

The amount of any jail sentence, fine, fee, restitution, or probation assessed by the Court is affected by the facts and circumstances of the case and your prior criminal record. For some offenses, there are statutory minimum sentences which the Judge must impose. In no instance will sentences exceed the maximum of:
 
  • $2,500 fine (plus surcharges) and/or
  • Six (6) months in jail and/or
  • Five (5) years probation.

The chart below identifies the possible penalties for misdemeanors.
 Penalties for Misdemeanors Chart
 

VI. Appeal

Following a trial, you have the right to appeal a final judgment of this Court to the Pinal County Superior Court. The Notice of Appeal must be filed within ten (10) calendar days of the judgment against you. The Judge in your case will advise you of your appeal rights following sentencing in your case. If you decide to appeal, you will be advised as to what fees apply.

In ruling on your appeal, the Superior Court will review the issues of law arising from your trial or hearing. Your appeal will not result in a re-trial of the facts, and you will not be allowed to present new evidence or testimony on appeal.