PROSECUTION

The Maricopa County Attorney’s Office (MCAO) is responsible for prosecuting the majority of defendants accused of felonies within Maricopa County. Some misdemeanor offenses like traffic tickets are handled by city courts, a few special crimes such as monetary fraud are handled by the Arizona Attorney General, and federal crimes such as certain gang and immigration violations are prosecuted by the U.S. Attorney’s Office. MCAO is composed of different bureaus which focus on specific areas of crime. Specialized prosecution areas include auto theft, computer/internet crimes, deadly weapons, drugs, family violence, gang/repeat offenders, hate crimes, homicide, identity theft, sexual offenses, and stalking.

When a crime is reported by the police to MCAO, prosecutors determine whether it is a prosecutable crime. If it is, MCAO prosecutors file a complaint against the defendant. The defendant is served and required to make an initial appearance in court. It is either a preliminary hearing where the prosecutor presents evidence to the judge to show that there is probable cause the defendant committed the crime, or evidence is presented in secret to a Grand Jury to decide whether there is probable cause. At that time, it is also determined whether or not the defendant can be released on bail until a determination of guilt or innocence has been established. Indigent defendants are assigned public defenders to represent them.

Next, various hearings take place to determine issues relating to the trial and whether the defendant would rather plead guilty and possibly accept a lesser penalty instead of going to trial. A defendant has the right to request a jury trial for crimes that could result in prison time. Once a defendant accepts a guilty plea or is found guilty at trial, he/she is sentenced to either jail (short-term), prison (long-term), probation, or a combination. A defendant may also be required to pay fines, attend a substance abuse program, pay restitution to any victims, and perform community service.

Upon finishing a prison sentence, a defendant may be released but subject to community supervision for a period of time. A defendant could be released early from prison for good behavior and put on parole. If a defendant violates any of the terms of probation, parole, or community supervision, they could find themselves back in court.

For more information on Prosecution, please see the CrimeFreeAZ handbook.

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