Do you need a lawyer?

You must answer this question for yourself. You may either represent yourself or hire an attorney. If the prosecutor's office is seeking a sentence that includes a jail term, you may ask the court to appoint counsel to represent you. If the court is considering appointing an attorney, you will need to complete an application and financial affidavit prior to your arraignment. An examination of your financial status will be done to determine whether or not you qualify for a court appointed attorney. You may be ordered to pay a portion of the attorney's cost, if one is appointed for you.

You should inform the judge at arraignment if you already have an attorney or plan to hire one, or if you are requesting that the Court appoint an attorney to represent you.

If you choose to defend yourself, please carefully consult the information given here regarding trial procedure and the proper way to present your case.

Links to helpful resources:

Title 28, traffic offenses

Title 13, criminal offenses

www.azbar.org

www.azcourthelp.org

azpoint.azcourts.gov

Arizona Statutes

Arizona Rules of Criminal Procedure

Sedona City Code and Land Development Ordinances

YCSO Inmate Search

Public Access Case Look-up

AZ Department of Corrections Inmate Search

Arraignment

If you were given a complaint (or a ticket) by an officer, the arraignment date will be the appearance date on the bottom of your complaint. If you received a summons from the court, either by mail or personal service, your arraignment date will be the court date indicated on your summons. You must appear in court on the date and time indicated. Your failure to appear at any scheduled court appearance could result in the issuance of a warrant for your arrest.

No testimony will be taken at arraignment and no witnesses will be present unless your case involved an alleged victim who has asked to be present. At arraignment, the judge will not grant a defendant's request to dismiss any charges. Instead, you must decide how you would like to plea:  Guilty, Not Guilty, or No Contest.  You can discuss your case with the prosecutor in the future at your pretrial conference.

Your decision on which plea to enter is one of the most important decisions you will have to make at your arraignment. You are encouraged to read the following explanations before entering your plea.

• Plea Of Guilty

• A plea of "guilty" means that you admit that you committed the act charged in the complaint, that the act is prohibited by law, and that you have no legal defense for your act. If you wish to enter a plea of guilty, the judge may take your plea at arraignment, or schedule a hearing to do so at a later date. 

• If you were involved in a traffic accident at the time of the alleged offense, your plea of guilty could be used later in a civil suit for damages as an admission by you relative to the question of fault.

• Plea Of Not Guilty

• A plea of "not guilty" means that you are informing the court that you deny guilt and that the state (in the Sedona Municipal Court, the state is represented by the City Prosecutor's Office) must prove the criminal charge against you beyond a reasonable doubt. Under our American system of justice, all criminal defendants are presumed to be innocent unless proven guilty beyond a reasonable doubt.

• If you plead not guilty, you must decide whether to hire an attorney or ask the court to appoint one to represent you.  Many cases in the municipal court do not qualify for court appointed attorneys.  If your case is eligible, you must fill out a financial statement, prior to arraignment, indicating that you are indigent and may qualify for a court appointed attorney.  Keep in mind, even if you qualify, you may be required to pay a portion of the fees associated with a court appointed attorney. You may represent yourself, but no one except you or your licensed attorney may represent you in court. 

• On a plea of not guilty, a pre-trial conference (PTC) will be scheduled for you to meet with prosecutor and discuss possible resolution of your case without the necessity of a trial. If your case can't be resolved at the PTC, a trial date will be scheduled for a later date. At trial, the State will be required to present evidence to prove all charges against you beyond a reasonable doubt before there can be a finding of guilt.

• Plea Of No Contest

• A plea of "no contest," also known as nolo contendere, means that you are not admitting or denying guilt. You are saying that you do not wish to contest the state's charge against you. Upon a plea of no contest, the judge will impose a sentence as if you had pleaded guilty.

• If you enter a plea of no contest, sentencing may occur at a later date, especially if the case involves an alleged victim.

Pre-Trial Conference (PTC)

At the PTC, you or your attorney will have an opportunity to meet with the prosecutor to review the facts supporting the state's criminal charges against you. At this time, you may review any written police reports and a list of any evidence that the state intends to use at the trial. Witnesses generally do not attend the PTC, and no testimony is taken. However, victims do have the right to be present.

• You have three plea options at PTC:

1. You may enter into a plea agreement or deferred prosection agreement with the prosecutor. 
2. You may reject any plea offer by the prosecutor and request a trial.
3. You may ask for a continuance to consider your options.  You will receive a new court date for your next pretrial conference.

Diversion Programs

For some types of offenses, diversion programs are offered by the City Prosecutor's Office, which provide an alternative to the normal plea agreement and trial process, which may result in a dismissal of the criminal charge against you. If you are eligible for these programs, you will be given information at your PTC.

Trial

Depending on the alleged offense, you may be entitled to a trial by jury. If you are not entitled to a jury trial, the trial will be heard and decided by a judge, which is known as a bench trial.

You are entitled to hear all testimony and review all evidence introduced against you.  You have the right to remain silent and not testify.

You have a right to cross-examine any witness who testifies against you. You have a right to testify on your own behalf, if you wish. You also have a constitutional right not to testify. If you choose not to testify, your refusal will not be used against you in determining your guilt or innocence. However, if you do choose to testify, the prosecutor will have the right to cross-examine you and among other things, may inquire about any past criminal record or other information that may reflect upon your credibility as a witness.

You may call witnesses to testify on your behalf. You have the right to have the court issue subpoenas for witnesses to ensure their appearance at trial. However, you must furnish the completed court subpoena forms with the names and addresses of these witnesses to the court well in advance of your trial (at least 20 days) so that the subpoenas can be properly served, and provide any evidence and names of witnesses you choose to call at trial, to the prosecutor's office no later than 20 days prior to your trial date.  Subpoena forms may be obtained at the court.

• Presenting The Case

• If you are represented by an attorney, the attorney will advise you regarding the presentation of your case. If you are not represented, you need to be aware of the following:

• Each party will have the opportunity to give an opening statement at the beginning of trial. 
• The state will present its case first by calling witnesses to testify against you. A witness must testify under oath in order for the testimony to be considered.
• After each prosecution witness has finished giving testimony, you will have the opportunity to cross-examine the witness by asking him or her questions about their testimony. Your examination must be in the form of questions and you must not argue with the witness. Do not attempt to tell your side of the story at this time. You will have an opportunity to do so later.
• After the prosecution has presented its case, you may present your case, and call witnesses of your choosing. You are not required to call witnesses, unless you choose to do so. All witnesses that are called to testify on your behalf can be cross examined by the prosecutor.
• When it is time for you to present your case, you will be sworn-in and may testify under oath on your own behalf, if you so desire. You are not required to testify. However, if you choose to tell your side of the story, the prosecutor will then have the opportunity to cross examine you.
• Following your presentation of your witnesses, if any, the prosecutor will have the opportunity to recall any of his or her witnesses on “rebuttal” since the prosecutor has the burden to prove your guilt “beyond a reasonable doubt”.
• At the end of the trial, you will have an opportunity to summarize your case to the jury, or in a non-jury case, to the judge, during closing arguments. At that time, you may present any arguments that are based on the evidence presented during the trial. (This is not considered testimony.)
• The judgment or verdict will be based on the facts and evidence presented during the trial.

• Sentencing

• The Judge's ruling will be based upon the testimony and facts presented at your hearing/trial. If you are found Guilty, the Judge will indicate what your sentence will be. A person's sentence may include:  a fine, probation, counseling, community service, restitution to the victim, jail time, etc.  A fine may be a different amount from the amount listed on the fine schedule given to you by the Police Officer. If your sentence includes a fine, payment in full is expected on the day of sentencing. Any fine imposed will include a state-mandated surcharge, and a Court Technology Enhancement Fee will also be assessed.  If you need time to make monthly payments toward your fine, a one-time $20. administrative time payment fee will be added to your fine amount.

• The length of any jail sentence, and/or the amount of any fine, fee, or probation assessed by the Court are affected by the facts and circumstances of the case and your prior criminal record. Mitigating circumstances may lower the amount of jail time, fine or probation, even if you are guilty. However, aggravating circumstances may also increase the amount of jail time, fine or probation.

• For some offenses such as Driving Under the Influence (DUI), there are statutory minimum sentences which the Judge must impose. In no instance will a sentence for a charge exceed the maximum fine of $2,500 plus State surcharges, and/or 6 months in jail and/or 3 years probation (5 years for DUI charges) for any one charge.

Payment Of A Monetary Sentence

When the Judge orders you to pay a fine, fee, and/or restitution, payment in full is expected on the day of the sentencing. Under certain circumstances you may be allowed additional time to pay fines or fees. If you need time to make monthly payments toward your fine, a one-time $20. administrative time payment fee will be added to your fine amount.

Failure to comply with the payment schedule will subject you to further court proceedings and possible sanctions, including arrest, revocation of your probation, etc., for non-compliance. Failure to pay the total balance due may also result in your account being referred to a collection agency, and your delinquent status reported to a credit bureau. If your delinquent account is referred to a collection agency, you will be required to pay a collection fee.  Other sanctions may apply.

Restitution

You may be required to pay restitution for any damage or economic loss suffered by a victim. All restitution payments must be made to the Court for disbursement to the victim.

Any restitution payments made by third parties, including insurance companies, must be paid directly to the Court, or proof of payment must be provided to the Court in order for you to receive proper credit for the payment.

Appeal

By law, you may appeal a final decision of the Court by filing a Notice of Appeal. Your notice of appeal must be filed in this Court within fourteen (14) days of sentencing. The Judge will advise you of your appellate rights and may require you to post an appeal bond in order to stop the execution of the sentence imposed upon you.

An appeal is a legal process in which a higher court (Superior Court) reviews the decision of a lower court (Sedona Municipal Court) based on the parties appellate memorandums, exhibits and transcript of the hearing. You will be responsible for the cost of duplicating the recording in order to advance your appeal. In most cases, an appeal is not a retrial of your case and you cannot present new evidence or testimony.

Click here for information about how to file an appeal (Superior Court Rules of Appellate Procedure), and important deadline you must comply with if your appeal is to go forward.  If you wish to pursue an appeal, you may contact the Sedona Municipal Court for information on the costs of filing an appeal.

Persons with Disabilities

Request for reasonable accommodations for persons with disabilities must be made to the Court at least three (3) days in advance of a scheduled court proceeding.