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Criminal and Criminal Traffic Tickets
Criminal Arraignments
If you have been cited for a criminal traffic or misdemeanor offense, you must appear at the Fountain Hills Municipal Court on the assigned court date. Criminal arraignments begin promptly at the time indicated on your citation. Criminal violations cannot be paid in advance. If you are released from jail your release order will have your Court date on it.
Your initial court proceeding is called an arraignment. At the arraignment, you will be formally notified of the charges. You will be expected to enter a plea of guilty, not guilty, or no contest. Your decision on what plea to enter is one of the most important decisions you will make. However, if you enter a not-guilty plea, you can later change that plea to resolve your case before trial.
No witnesses are present at arraignment and no testimony will be taken. The judge at arraignment will not grant a defendant's request to dismiss any charges. Instead, you must decide upon and enter a plea to the charge against you.
Plea of Guilty
By a plea of "Guilty", you admit that you committed the act charged in the complaint(s), that the act is prohibited by law, and that you have no legal defense for your act.
If you were involved in an incident where someone was injured 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 that you were at fault or were the party responsible for the injury.
If you enter a plea of "Guilty", you may be sentenced immediately following the Judge's acceptance of your plea. Your sentence may include financial sanctions, jail, probation, programs, or community restitution. If you cannot afford to pay the full amount of the court fines and fees, you may request a time payment plan. Do not ignore your responsibility to pay the fines because of financial hardship as this may result in additional penalties and costs to you.
A plea of "No Contest", also known as "Nolo Contendere," simply 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.
If you enter a plea of “No Contest", you may be sentenced immediately following the Judge's acceptance of your plea. Your sentence may include financial sanctions, jail, probation, programs, or community restitution. If you cannot afford to pay the full amount of the court fines and fees, you may request a time payment plan. Do not ignore your responsibility to pay the fines because of financial hardship as this may result in additional penalties and costs to you.
Plea of 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. Under our American system of justice, all persons are presumed to be innocent until proven guilty beyond a reasonable doubt. On a plea of "Not Guilty," a pre-trial conference will be scheduled. At the pre-trial conference the Prosecutor will offer a plea agreement, which you may accept or reject. If rejected, a trial will be set. At trial, the State will be required to present evidence to prove all charges against you beyond a reasonable doubt.
If you plead "Not Guilty", you must decide whether to employ an attorney to represent you. You may defend yourself, but no one except an attorney may represent you. Be aware that the Town Prosecutor is not your attorney, and he/she is prohibited from providing you legal advice on how your case should be handled.
In certain types of cases, a court appointed attorney may be provided for you. In those cases, if you feel that you cannot afford an attorney and wish representation, you may fill out an application requesting that an attorney be appointed to represent you.
If an attorney is appointed to represent you, you may be ordered to contribute to the cost of your attorney.
WARRANTS
It is a requirement that all defendants appear by their scheduled appearance date and time. If you fail to appear for a criminal court appearance or comply with sentencing, an arrest warrant may be issued.
A warrant may be addressed in one of three ways:
1) Submit a motion in writing to the Judge. The motion form can be found here. The Judge will review the motion and make a ruling. It is your responsibility to ensure that your motion is received by the Court. The Court can be reached at 480-816-5103 to check if the Court received and processed your filing.
2) Walk in and be seen by the Judge. Typically, the Judge is available Monday and Wednesdays from 9:00 a.m. to 11:00 a.m. Contact the Court to verify that the Judge is available prior to arriving.
3) Pay the bond amount set by the Judge. Once you pay the bond amount, the warrant will be quashed (canceled) and you will be given a new court date if needed.