It is mandatory that you attend the pretrial conference if one has been set in your case. If you have one, your attorney should come with you. If you do not attend the pretrial conference it will be a violation of a court order and a complaint will be issued for your Failure to Appear and a warrant will be issued for your arrest.
The pretrial conference is for the purpose of discussing the case with the prosecutor if you wish to do so. A prosecutor will inform you how to obtain a copy of the police report in your case. They will also advise you of the sentence they intend to recommend in the event that you are convicted.
At this Point you will have Two Options:
- You can enter into a plea agreement with the prosecutor, change your plea to guilty or no contest and be sentenced, usually on that same day. Your sentence will be the sentence you have agreed to in the plea agreement, unless the judge does not accept it, in which case you have the right to withdraw your plea agreement.
- You can reject the plea agreement, in which case a trial date will be set in your case.
About your trial
Do you need a lawyer? Only you can answer this question. You may represent yourself, or an attorney may represent you.
What should you do before the trial? You are responsible for making any necessary preparations for the trial. You may wish to look for evidence in your favor, locate witnesses, and prepare photographs, sketches or maps that might help you explain your case.
If there are witnesses that you wish to have the court order to appear or feel will not, or cannot come to court without a subpoena, you will need to fill in each witness's name and address on a subpoena form. The court will issue a subpoena to require them to come to court to testify in your case.
What happens at the trial?
- If you do not understand the nature of the charges, ask the judge to explain them. If you would like to have a copy of the law, request a copy from the judge.
- The prosecutor will present the State's case.
- You will have the right to cross-examine each witness for the State.
- You may, if you choose to do so, testify in your own behalf. If you do testify, you would be subject to crossexamination by the prosecutor.
- If you are found not guilty, any bond you have posted will be refunded.
- If you are found guilty, sentence will be pronounced.
- If you were found guilty, you would have the right to appeal the conviction and/or sentence by filing a notice of appeal within ten days after the entry of the sentence. The appeal would be on the record of the case.
If you are found guilty and fines are imposed, you will be required to pay the fines in full on the day of sentencing.
Oro Valley Magistrate Court accepts cash, check, money order, Visa, MasterCard or Discover.