Facing Criminal Charges in 
Magistrate Court

1. Limited Jurisdiction.  Municipal courts are known as courts of limited jurisdiction because they can only hear criminal complaints, and these are generally only petty offenses and misdemeanors.  The Magistrate Court has exclusive jurisdiction over violations of Town ordinances, and concurrent jurisdiction with the Justice of the Peace precinct of state law violations in the Town limits.  Civil actions, such as a claim for wages, damages, contract violation, boundary disputes, and injunctions, must be filed either in the JP or Superior Courts, even though the conduct occurred within Town limits.
   

2. Procedures.  Under ARS 22-423, the magistrate uses the same rules for criminal procedure as do the Superior Courts.  Jury trials of offenses for violation of ordinances are not allowed unless the nature of the offense allowed a jury trial at common law (ARS 22-425.A).  Whether a jury trial is permitted under the state law violations depends on a combination of possible punishment, the moral quality of the crime, and its relationship to common law crimes.  DUI charges have a right to jury trial by statute, and so far other crimes involving "moral turpitude" that would allow a jury trial are possession of drugs, shoplifting, and leaving the scene of an accident have so far been ruled as allowing jury trials, but assault, contracting without a license, and resisting arrest do not.  After the initial appearance, if the defendant enters a plea of not guilty, then a pretrial conference with the prosecutor is scheduled to review the police reports, witness statements, elements of the charge(s), victim rights, and possible plea offers.  This is an informal conference not involving the Court, though in more complex cases (drugs, aggravated assault, DUI) it may be advisable to consult with your attorney prior to attending.
   

3. Driving on Suspended License.  You should know that failure to appear on a civil traffic charge (FTA), or to make payments ordered (FTP), can result in a license suspension simply by notice from the Court to DMV.  If you are later stopped for a minor traffic offense, and the license check comes back suspended, you can be arrested on DUS, which is a criminal charge.  To further complicate the resolution of the charge, the applicable statutes do not allow a dismissal of the DUS charge simply because you then take care of the FTA/FTP - all they allow is reduction of the minimum fine from $300 to $50.  The State is specifically prohibited from doing a dismissal or plea.
   

4. Speed Restrictions.  Although in most cases a speeding charge is a civil traffic offense, it becomes a criminal charge under ARS 28-701.02 if it is "excessive speed", which is over 35 mph approaching a school crossing, more than 20 mph over the posted limit in a business or residential district (or if no posting, going more than 45 mph), or going 85 mph in any other location.  The latter provision is usually what causes the criminal speeding charges on the interstates.  If you otherwise qualify, the Court, at its option, may allow disposition of the excessive speeding charge through the defensive driving program (ARS 28-492).
   

5. Liquor Violations.  There are several ways that minors (here meaning those under the legal drinking age of 21) or persons furnishing them alcohol can get into trouble with the law:
   (a) a minor who misrepresents his age in a written ID commits a Class 1 misdemeanor (b) a minor who solicits another person to purchase, sell, give, serve or furnish alcohol illegally is guilty of a Class 3 M (c) a minor who uses a false ID or an ID of another to gain access to a liquor establishment commits a Class 1M (d) an adult who influences the sale, orders, or procures alcohol for a minor commits a Class 1M (e) adults who are occupants (not just owners or tenants, though those would be included) of unlicensed premises (a party at home) are guilty of a Class 1M if they knowingly allow a gathering of 2 or more persons under the legal drinking age (21) who are neither members of the immediate family or permanently residing there, and such person knows or should know that one or mores of the persons under 21 is in possession or consuming alcohol (f) it is a Class 1M for a licensee or other person to furnish alcohol to a person who is disorderly or obviously intoxicated (g) it is a Class 2M to consume alcohol in a public place, thoroughfare or gathering, except for drinking beer from an open package in a public recreation area or on private property with the permission of the owner, or on the walkways surrounding such property (h) a Class 2M to operate a motor vehicle on any highway while consuming alcohol (notice the level of intoxication is not relevant) (i) a Class 1M  for a person under 21 to drive or be in physical control of a vehicle while there is any trace of alcohol in his body (notice that this is not restricted to operation on a public highway or thoroughfare)
   

6. Victim Rights.  There are two categories of victims which sometimes overlap:  those that are victims of a charge involving a physical injury/threat of injury/sexual offense, and those that are victims under the domestic violence statutes (DV).  Under the general victim rights statutes (ARS 13-4401 et seq.), you have a right to be notified and participate in criminal proceedings (those held before the Court), provide an impact statement (comments on disposition, including recommended counseling or restitution), and confer with the prosecutor.  These rights, however, do not mean that the victim can dictate the disposition of the case, whether charges should be dropped or filed, or terms of any plea agreement.  Since in most cases the State must discuss plea agreements with a defendant as early as a pretrial conference, victims usually are notified of the conference date to allow time to either confer with the prosecutor or appear, if they wish.  Although a pretrial conference is not technically a "criminal proceeding" since it is an informal meeting without the judge, any plea agreement that may be reached at the conference should have the input of the victim.  DV victims (who may also be general victims of a physical injury) have different rights listed under ARS 13-3601, including being informed in writing by the arresting officer of the right to obtain protective orders,  and emergency phone numbers for local emergency services, such as shelters.  DV situations are far broader too, including many types of family offenses.
   

7. Restitution.   ARS 13-603.C requires that the Court order restitution by the defendant to the victim "in the full amount of the economic loss."  This is defined to include lost interest, lost earnings, and losses due to the commission of the offense, such as damages to a vehicle, household furnishings, or other private property.  It does not, however, include damages for pain & suffering, punitive damages, or consequential damages (ARS 13-105.14).  And it must be a loss incurred by a victim, not a third party.  For instance, if a defendant is charged with assault and injures the victim plus damages the hotel room, restitution is available to the victim, but not the hotel, unless there had been an additional charge of criminal damage.  If the Court determines that it does not have enough information to determine the amount of any restitution, it can order a hearing under ARS 13-804.G and call the defendant to testify.  The victim should be present as well, with documentation of a loss, but the victim is not represented by the State.  These hearings are most often used when there have been personal injuries, and at the initial disposition of the offense there is insufficient evidence of any long-term medical payment or loss of wages.
   

8. DUIs.  These statutes are far too complex, involving a full range of issues such as probable cause, field sobriety testing, implied consent to blood and breath testing, absorption rates, and procedural questions, to be covered in this summary.