If you have been charged with a criminal misdemeanor your first Court appearance will be your "Arraignment". It is mandatory that you appear for all schedule court dates. If you fail to appear, it will be a violation of a Court Order and a warrant may be issued for your arrest.
ABOUT YOUR ARRAIGNMENT
The purpose of your "Arraignment" is to:
- Inform you of the charge(s) against you
- To provide you with a copy of the complaint, if you do not already have one
- To inform you of your constitutional rights
- To advise you of the possible immigration consequences
- To have you enter a plea to the charge(s).
- To determine your release conditions
To schedule your next Court date, if one is necessary.
ABOUT YOUR PLEA
When you appear before the Judge, you will be required to enter a plea. You have the following plea options:
GUILTY
You admit every element of the charge(s) as accused. A conviction will be placed on your record and a sentence will be imposed.
NO CONTEST
You do not admit guilt but do not desire to contest the charge(s). A conviction will be placed on your record and a sentence will be imposed.
NOT GUILTY
You are denying the charge(s) against you. You will be given a new Court date and time to appear for your next hearing.
PRE-TRIAL CONFERENCE
At your Pre-Trial Conference, you will discuss your case with a prosecutor. The prosecutor will disclosure to you all of the evidence that the state intends to present against you at trial. For a fee, the Lake Havasu City Police Department will provide you with a copy of the Police report. If the prosecutor chooses to do so, the prosecutor may extend a plea offer. You have the following options:
1. You can change your plea to Guilty or No Contest and enter into a plea agreement with the Prosecutor. If the Judge accepts the plea agreement, the sentence will usually be imposed at this hearing.
2. You can change your plea to Guilty or No Contest and enter your plea directly to the Court. If the Judge accepts your plea, the sentence will usually be imposed at this hearing. Without a plea agreement, the Judge may sentence you to any amount within the range of minimum and maximum penalties as set by law. If the Judge refuses to accept your plea to the Court, your case will be set for trial.
3. You can reject the plea agreement offered by a prosecutor and decide not to plead to the Court, a case management conference and trial date will be set for your case. A public defender may be requested at this time and a status hearing will be set.
ABOUT YOUR TRIAL
DO YOU NEED A LAWYER?
Only you can answer this question. You may represent yourself, request the Judge appoint an attorney to represent you if you are eligible, or you may hire a lawyer. If the Court appoints an attorney to represent you, the Judge may order you to reimburse some or all of the fees associated with paying that lawyer.
Note: The Court is not required to appoint a lawyer in all cases or circumstances.
WHAT SHOULD YOU DO BEFORE THE TRIAL
You must make any necessary preparations for your trial to include locating evidence in your favor. If you want witnesses ordered to appear for you, ask the Court to issue subpoenas for your witnesses. You must provide a physical address for service and a phone number, if available. You must prepare in advance any photographs, sketches or maps that might help you explain your case. It is important for you to appear at the case management conference and be prepared to discuss this information. A Case Management Conference is set to make sure that all parties are ready to proceed to trial.
WHAT HAPPENS AT THE TRIAL
A prosecutor will present the State's case usually through the testimony of witnesses and/or the introduction of exhibits, photographs, sketches, maps and similar items. You will have a right to cross-examine each witness the State presents. You may present witnesses or other evidence on your behalf, if you choose. You may testify on your own behalf. If you choose to testify, you will be subject to cross-examination by the prosecutor.
After both sides present their case, the Judge or jury will make a decision based on the evidence. If you are found Not Guilty, a conviction will not be placed on your record.
If you are found Guilty, A conviction will be placed on your record. The Judge may impose sentence after the trial or set a date for sentencing. If you are convicted, you have a right to appeal the conviction and/or the sentence by filing a Notice of Appeal within 14 days after the action being appealed. The Appellate Division of the Mohave County Superior Court would determine whether this Court’s decision was correct.